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07-14-1999 Additions
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07-14-1999 Additions
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Property on or before April 1, 2000 and the Developer has not acquired the same, the <br />Developer's sole remedy shall be to terminate this Agreement. Upon termination of this <br />Agreement pursuant to this Article V, the Developer shall be free to proceed with the <br />Project at its own expense and without regard to the provisions of this Agreement; <br />provided, however, that the City shall have no further obligations to the Developer with <br />respect to reimbursement of the expenses set forth in Section 3.3. <br />ARTICLE VI <br />ADDITIONAL PROVISIONS <br />Section 6.1. Restrictions on Use. The Developer agrees for itself, its successors <br />and assigns and every successor in interest to the Development Property, or any part <br />thereof, that the Developer and such successors and assigns shall operate, or cause to be <br />operated, the Project as a commercial facility and shall devote the Development Property <br />to, and in accordance with, the uses specified in this Agreement. <br />Section 6.2. Conflicts of Interest. No member of the governing body or other <br />official of the City shall have any financial interest, direct or indirect, in this Agreement, <br />the Development Property or the Project, or any contract, agreement or other transaction <br />contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any <br />such member of the governing body or other official participate in any decision relating to <br />the Agreement which affects his or her personal interests or the interests of any <br />corporation, partnership or association in which he or she is directly or indirectly <br />interested. No member, official or employee of the City shall be personally liable to the <br />City in the event of any default or breach by the Developer or successor or on any <br />obligations under the terms of this Agreement. <br />Section 6.3. Titles of Articles and Sections. Any titles of the several parts, articles <br />and sections of the Agreement are inserted for convenience of reference only and shall be <br />disregarded in construing or interpreting any of its provisions. <br />Section 6.4. Notices and Demands. Except as otherwise expressly provided in this <br />Agreement, a notice, demand or other communication under this Agreement by any party <br />to any other shall be sufficiently given or delivered if it is dispatched by registered or <br />certified mail, postage prepaid, return receipt requested, or delivered personally, and <br />1058683.RED <br />V5 to V4; 7/14/99 <br />21 <br />PAGE 38 <br />
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