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�o��osg�� 20 Q4i2�47 City af Grand Island :�tm: Vlayor P.O. Bax 196� 100 East First Street Grand Island, V E 68802-196$ m3�ur•:� .•�:�i��1-��,aiiu.com Fonner Park Exposician and Events Cznter, Inc. �tm: Registered �gent P.(?. Box -i90 ?00 East Stolley Park Road Grand Island, �JE 68802 fonnerparkC aoLcom 35. :�SSIGYV[EYT. The Citv agrees that it wiil nac assi� its rights under tlus :�greement prior to the Commencement Date and thaz thereafter it sha11 not ;issi�n its ri�hts so long as any of the Building Bonds remain outstandi.ng. The Ciry 3cknowledges a,nd agees that Hearcland shall assi�n the ri.��ht to receive basic rent to the T'rustee in order to pravide for rhe payments of principal and interest on the Building Bonds. Such assigrunent shall be absolute and unconditianal. Heartland may assign any other of its rishts under this �3greement and any related documents to another nonprofit corporation which is also an or�anization zxernpt &om fedecal ineome taxaaon under Section �Ol(a} and Section 301(c)(3) af the Code only upon approvai of the assi�nment by the City and the Trustee. Nfl such assign�nent by any party shall relieve the assignor of any of its duties and responsibilities under this A� or any relaxed documents and che assi�nor shail remain primarily responsible and as fully bound as thou,�h no assignment had been made. Performance by an assignee shall be considered as per#ormance pro tanto by the assi�or. Cansent to any propesed assigunent pemnitted under the terms of this Paragraph ?5. bv a party shall not be unreasanably withheld by the other party or the Trustee. The parties cov�nant that neither will ma.ke an assignment of any interest in the Project which would hav� the effect of c�using the interest on the Building Bonds to be includa�le in �oss income under the Code. ?6. SUBLE�►SES. Except to the extent that parts of tlie FrojecC are use@ by e:chibi- tors, licensees, concessionaires and users of the Project under the management contract with HeartIand in the ordinary course of business of the operarion of ttie Project, the Ciry covenants that it will not sublet any part of the Project without approval of the sublease by Heartland and the Trustee; provi�.ed, that no such sublease sha1l reiieve either party of any of its duties and responsibilities under this Agreement or associated documeats and the Ciry shaU remain primar- ily responsible and fully bound as thou�h no sublease had beea made, pravided that in na event shalt basic rent due hereunder be payable from any source other than genet�l taxes as provided 'ut Paragraptt 9. of this ,��eement. Consent ta any proposed sublease permitted under the t�rms of chis Paragraph ?6. by the City shall not be unreasonably withheld by Hearttand or the Trustee. The City covenants that it will not make any sublease uf any part of the Project which would have the effect of causing the interest on the Buildin� Bonds to be includabte in �oss income under the Cude. 37. CC�YDEtiINaTION OF PROJECT. Durin� the term of this Agzeement, if any part of the Project sliall be taken by esercise of the ri,Qht of eminent domain by any entiry having such authority under federa.t or state law. and if in the mutual opinion of the Ciry and Heartland, uciliz�tion uf the Project is noc imgaired by sueh taking, neither the terms �f this :��eement or the duties or responsibilities of the parties, individually ur jointly, sha11 be reduced or affected in �