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5.0. EDSR 03-09-1998
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5.0. EDSR 03-09-1998
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City Government
type
EDSR
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3/9/1998
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• (e) The Authority agrees that its rights under this Section relative to the application of <br /> Net Proceeds of insurance provided under Section 5.1(a)(i) and (b)(i) and as provided in Section <br /> 5.1(d) shall be subordinate to the rights of a Holder of a Mortgage approved by the Authority; <br /> provided, that the Authority's right to terminate the Note for a violation of the Redeveloper's <br /> obligations under this Section shall not be subordinated to the rights of a Holder. <br /> Section 5.2. Condemnation. In the event that title to and possession of the Minimum <br /> Improvements or any material part thereof shall be taken in condemnation or by the exercise of <br /> the power of eminent domain by any governmental body or other person (except the Authority) <br /> prior to the Maturity Date, the Redeveloper shall, with reasonable promptness after such taking, <br /> notify the Authority as to the nature and extent of such taking. Upon receipt of any <br /> Condemnation Award, the Redeveloper shall elect to either: (a) use the entire Condemnation <br /> Award to reconstruct the Minimum Improvements (or, in the event only a part of Minimum <br /> Improvements have been taken, then to reconstruct such part) within the Project Area; or (b) <br /> retain the Condemnation Award whereupon in the event that a substantial portion of the <br /> Redevelopment Property and Minimum Improvements have been taken, the Authority's <br /> obligations under this Agreement and the Note shall terminate as of the date of the taking. <br /> • <br /> • <br /> 14 <br />
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