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<br /> �. :,., pay to the Authority all direct costs incurred or to be incurred by the Authority in causing this
<br /> �� N Agreement to be duly recorded (or the terms hereof to be incorporated into a deed to be duly ;, ,�.�_':� _
<br /> recorded) in the of�ce of public records in the (:ounty where the Project is loc:ated as an _ __
<br /> encumbrance upon the Project Site and the Authority agrees to deliver tu thc Owner n copy of �`.:;,.`�
<br /> the fully recorded document. ;�;„=
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<br /> Sectinn 8. Un{�'orm�ty; Common Plan. The provisions herec�f shall �pply uniformly to �
<br /> the entire ProJect to establish and carry out a common plan for Ih� usc� develo�ment, nnd _-
<br /> impravement of the ProJect Site. '�
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<br /> Sectton 9. Remedles; En�orceabillry. In the event of a viol�tion or at►emptea violation "
<br /> of any of the provisions hereof, any one or more of the following may institute anci prosecute :t--�
<br /> any proceeding at law or in equity to abate, preve�it or enjoin any such violation or attempted _ _
<br /> �. violation, or to recover monetary damages caused by such violation or attempted violation: the
<br /> Authortty or any governmental entiry succeeding tn the Authority's funcdons or sny inJivicival
<br /> ��r who meet�the income limitation applicable under Section 42 of the Code(whether prospective.
<br /> present or former occupant). The provlsions hereof are imposed upon and made appllcable to
<br /> ,� the Project and shall tun with the land and ahall be enforceable against the Owner and each -
<br /> purchaser, grantee, owner or lessee of the Pro,ject or any portion thereof or interest therein, at
<br />- - �= any iiiiie aid f�otti iimc to i�m�. �ilt�iYt� f�S�ICCt�YP �2P�rg; teaal representatives. successors and r_
<br /> ' assigns of the Owner and each such purchaser, grantee, owner or lessee. No delay in enforcing � _
<br /> • the provisions hereaf as to any breach or violation shall impair, damage or waive the right of ��r=
<br /> �� any party entltled to enforce the same or obtain rellef against or recover for the continuation or ---
<br /> � repetition of such breach or violation of any similar breach or violation thereof at any later time �� ,�y
<br /> ' ` or times. In addltion, if any violation of this Agreement has not been conected on a timely ���_,
<br /> . �_ basis, the Authorfty may impose quarterly reportjng responsibilities pertaining to such matters ;i
<br /> �•- as the Authority deems reasonuble upon the Owner. Fallure by an Owtier to comply with any �
<br /> �i' such reporting responsibilities shall constitute a violation of this Agreement.
<br /> . . �;'
<br /> � ��� Section 10. Amendment; Termination. The provisions hereof shall not be am�nded,
<br /> .;� revised or terminated(except as provided in Section S of this Agreement)prior to the stated term
<br /> " hereof except by an instntrnent in writing duly executed by the Authority and the Owner(or its _
<br /> '� successors in title)and duly recorded. The Authorlty's consent to any sueh amendment,revision _
<br /> + or termination, other than a termination pursuant to Section 5 of thls Agreement, shall be given �: ,�
<br /> ' 'f`� only if (a) there shall be attached to the document evidencing such amendment, revision or - — -
<br /> � � termination an opinion of Owner's counsel sat�sfactory to the Authority that such arnendment, �== `
<br /> � revision or terminatian wiq not result in noncompliance of the Project vr the Owner with • `-����.
<br /> Section 42 of the Code or (b) evidence satisfactory to che Authority has been filed with said '`'� � c�i' ,j�;
<br /> Authority demonstrating that there has occurred an involuntary noncompliance caused by fire, "°�.
<br /> seizure. requisition, change in fe.deral law, action of a federal agency which prevents the "�� _ r �
<br /> ��c�.
<br /> Authority from enforcing this Agreement or condemnation or similar event. Notwithstanding ;_"r� ,,�,.
<br /> the foregoing, this Agreement shall not terminate by reason of the aforementioned foreclosure, . • '-" ;`�
<br /> ^ '�. J�'�r:,.
<br /> I transfer of title by deed in lieu of foreclosure ar other similar event or if the Owner ar any �, .
<br /> Relatzd Person or any person with whnm the Owner has had family or business ties obtains
<br /> -� m�s9sota.i 11
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