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135341328v1 <br /> <br /> 5 <br /> <br />foreseeable future, without the assistance and benefit to the Developer provided for in this <br />Agreement. <br />(4) Neither the execution and delivery of this Agreement, the consummation <br />of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and <br />conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, <br />the terms, conditions or provision of any contractual restriction, evidence of indebtedness, <br />agreement or instrument of whatever nature to which the Developer is now a party or by which it <br />is bound, or constitutes a default under any of the foregoing. <br />(5) The Developer will cooperate fully with the City with respect to any <br />litigation commenced by third parties with respect to the Project. <br />(6) The Developer will cooperate with the City in resolution of any traffic, <br />parking, trash removal or public safety or nuisance problems which may arise in connection with <br />the construction and operation of the Project. <br />(7) Developer shall commence construction of the Project by June 30, 2025, <br />and subject to Unavoidable Delays, 50% of the Project shall be complete by June 30, 2026, and <br />the 100% of the Project shall be complete by December 31, 2026. <br />(8) The Developer will obtain, or cause to be obtained, in a timely manner, all <br />required permits, licenses and approvals, and will meet, in a timely manner, all requirements of <br />all applicable local, state, and federal laws and regulations which must be obtained or met before <br />the Project may be lawfully constructed. <br />(9) The Developer acknowledges that Tax Increment projections contained in <br />the Tax Increment Financing Plan are estimates only and the Developer acknowledges that it <br />shall place no reliance on the amount of projected Tax Increments and the sufficiency of such <br />Tax Increments to reimburse the Developer for a portion of the costs of the construction costs of <br />the Project and the construction of the Site Improvements as provided in Article III.