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04-26-2021 EDA
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04-26-2021 EDA
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4/23/2021 9:56:05 AM
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4/23/2021 9:55:41 AM
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MV EDA
EDA Document Type
Packets
Date
4/26/2021
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18 <br />DOCSOPEN\MU205\50\716385.v4-4/22/21 <br />reserved to it, it shall not be necessary to give notice, other than such notice as may be required in <br />Article IX of this Agreement. <br /> <br /> Section 8.6. No Additional Waiver Implied by One Waiver. In the event any covenant or <br />agreement contained in this Agreement should be breached by either party and thereafter waived by <br />the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed <br />to waive any other concurrent, previous or subsequent breach hereunder. <br /> <br /> ARTICLE IX <br /> <br /> Additional Provisions <br /> <br /> Section 9.1. Conflict of Interests; Representatives Not Individually Liable. No officer, <br />official, or employee of the EDA shall have any personal financial interest, direct or indirect, in this <br />Agreement, nor shall any such officer, official, or employee participate in any decision relating to the <br />Agreement which affects his or her personal financial interests, directly or indirectly. No officer, <br />official, or employee of the EDA shall be personally liable to the Developer, or any successor in <br />interest, in the event of any default or breach or for any amount which may become due or on any <br />obligation under the terms of this Agreement. <br /> <br /> Section 9.2. Equal Employment Opportunity. The Developer, for itself and its successors <br />and assigns, agrees that during the construction of the Minimum Improvements provided for in this <br />Agreement, it will comply with all applicable equal employment and nondiscrimination laws and <br />regulations. <br /> <br /> Section 9.3. Restrictions on Use. The Developer, for itself and its successors and assigns, <br />agrees to devote the Property and Minimum Improvements only to such land use or uses as may be <br />permissible under the City’s land use regulations. The Developer, for itself, its successors and assigns, <br />acknowledges the limitations on use of the Property and the Minimum Improvements imposed by <br />Section 469.105 of the EDA Act and agrees to comply with such restrictions. <br /> <br /> Section 9.4. Provisions Not Merged With Deed; No Merger of Representations, Warranties. <br />None of the provisions, representations or warranties contained in this Agreement are intended to be <br />merged into any instruments of conveyance delivered at closing or shall be merged by reason of <br />delivery of the Development Property Deed, but instead shall survive closing, and the parties shall be <br />bound accordingly. The Development Property Deed shall not be deemed to affect or impair the <br />provisions and covenants of this Agreement. <br /> <br /> Section 9.5. Notices and Demands. Except as otherwise expressly provided in this <br />Agreement, any notice, demand, or other communication under the Agreement or any related <br />document by either party to the other shall be sufficiently given or delivered if it is dispatched by <br />registered or certified United States mail, postage prepaid, return receipt requested, or delivered <br />personally to: <br />
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