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4.6. SR 08-28-2000
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4.6. SR 08-28-2000
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ARTICLE VI <br /> <br />Termination of Agreement; Expiration; Limitation <br /> on Assignments. <br /> <br /> Section 6.1. The City's Option to Terminate. As provided and <br />under the conditions specified in Section 4.2, the City may <br />terminate this Agreement if an Event of Default shall have occurred <br />hereunder and be continuing. Nothing in that or in this Section <br />shall affect the City's right, should the City not so elect to <br />terminate this Agreement and as recourse against the Company, to <br />insist on performance hereunder by the Company (or SoftPac, as the <br />case may be). <br /> <br /> Section 6.2. <br />end of the Term. <br /> <br />Expiration. This Agreement shall expire at the <br /> <br /> Section 6.3. Effect of Termination or Expiration. No <br />termination or expiration of this Agreement pursuant to the terms <br />hereof shall terminate (i) any rights or remedies of the City <br />arising hereunder due to an Event of Default occurring prior to <br />such termination or expiration or (ii) the provisions of Section <br />3.3 hereof. <br /> <br /> Section 6.4. <br />by SoftPac. <br /> <br />No Third Party Beneficiaries; Execution Hereof <br /> <br /> (a) There shall, as against the City, be no third party <br />beneficiaries to this Agreement. More specifically, the City <br />enters into this Agreement, and intends that the consummation <br />of the City obligations contemplated hereby shall be, for the <br />sole and exclusive benefit of the Company, and notwithstanding <br />the fact that any other "persons" may ultimately participate <br />in or have an interest in the Improvements, the City does not <br />intend that any party other than the Company shall have, as <br />alleged third party beneficiary or otherwise, any rights or <br />interests hereunder as against the City, and no such other <br />party shall have standing to complain of the City's exercise <br />of, or alleged failure to exercise, its rights and <br />obligations, or of the City's performance or alleged lack <br />thereof, under this Agreement. The provisions of this Section <br />6.4(a) do not apply to SoftPac. <br /> <br /> (b) The Company, SoftPac and the City acknowledge and <br />agree that SoftPac is a beneficiary of the assistance under <br />this Agreement and that there may arise hereunder monetary <br />obligations payable to the City ("Monetary Obligations"), <br />including without limitation such obligations as may arise <br />pursuant to the indemnification provisions of Section 3.3, the <br />repayment provisions of Section 3.5 or the occurrence of an <br />Event of Default and/or the City's exercise of any remedies <br /> <br /> <br />
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