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• paying its own costs and expenses during the period of this Agreement. <br />• <br />• <br />C. Obligations of the City. The City agrees that this is an exclusive Agreement and that it <br />will not negotiate or contract with another party concerning the development of the <br />Property or the sale of the Property within the Project during the Term. <br />D. Property Information. The City agrees to provide the Developer copies of all reports, <br />surveys, studies (including soils reports, environmental studies, and updated ALTA <br />survey) and other information related to the property that it has acquired or been assigned <br />as owner of the Property for use in evaluating the Property during the term of this <br />Agreement. <br />E. Transfer or Assignment. The Developer shall not assign or transfer its rights under this <br />Agreement in full or in part without the prior written consent of the City. Such assignment <br />or transfer shall not be unreasonably withheld by City. <br />F. Default and Termination of Agreement. <br />(1) <br />If the Developer defaults in the performance of one or more of its obligations <br />under this Agreement ( "Developer Default "), the City may terminate this <br />Agreement. The Developer shall have no further obligations to the City if the <br />Agreement is terminated due to a Developer Default. <br />(2) If the City defaults in the performance of one or more of its obligations under this <br />Agreement ( "City Default "), the Developer may terminate this Agreement. The <br />City shall have no further obligations to the Developer if the Agreement is <br />terminated due to a City Default. <br />(3) <br />The Developer or the City may terminate this Agreement at any time at in their <br />sole discretion if either determines that the Project is not feasible. <br />(4) Notwithstanding any other provision of this Agreement to the contrary, this <br />Agreement shall automatically terminate 210 days from the Effective Date of this <br />Agreement. <br />G. Notices. Notice or demand or other communication between or among the parties shall be <br />sufficiently given if sent by mail, postage prepaid, return receipt requested, faxed or <br />delivered personally: <br />As to the City: City of <br />2 <br />