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(6) Neither the execution and delivery of this Agreement, the consummation of the <br />transactions contemplated hereby, nor the fulfillment of or compliance with the terms and <br />conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, <br />the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, <br />agreement or instrument of whatever nature to which the Developer is now a party or by which it <br />is bound, or constitutes a default under any of the foregoing. <br />(7) The Developer will cooperate fully with the City with respect to any litigation <br />commenced with respect to the Project but only to the extent that the City and the Developer are <br />not adverse parties to the litigation. <br />(8) The Developer will cooperate fully with the City in resolution of any traffic, <br />parking, trash removal or public safety problems which may arise in connection with the <br />construction and operation of the Project. <br />4 <br />487587v2 JSB EL185 -45 <br />