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8.1 SR 05-17-2021
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8.1 SR 05-17-2021
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contemplated hereby or the acquisition, construction, installation, ownership, and operation of <br />the Project; including, without limitation, any pecuniary loss or penalty (including interest <br />thereon at the rate of 5.00% per annum from the date such loss is incurred or penalty is paid by <br />the City) as a result of the Project failing to cause the TIF District to qualify as a "redevelopment <br />district" under Section 469.174, subdivision 10, of the TIF Act, or to violate limitations as to the <br />use of Tax Increments as set forth in Section 469.176, subdivision 4d of the TIF Act. <br />(3) All covenants, stipulations, promises, agreements and obligations of the City <br />contained herein shall be deemed to be the covenants, stipulations, promises, agreements and <br />obligations of the City and not of any governing body member, officer, agent, servant or <br />employee of the City, as the case may be. This Section 4.5 shall survive termination of this <br />Agreement and shall be binding on the Developer regardless of the enforceability of any other <br />provision of this Agreement. <br />Section 4.6. Reimbursement of Attorneys' Fees. If an Event of Default under Section <br />4.1 hereof occurs, and the City employs attorneys or incurs other reasonable expenses for the <br />collection of payments due hereunder, or for the enforcement of performance or observance of <br />any obligation or agreement on the part of the Developer contained in this Agreement, the <br />Developer will within 30 days reimburse the City for the reasonable fees of such attorneys and <br />such other reasonable expenses so incurred. <br />17 <br />EL185-50-718703.v2 <br />
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