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<br />2.10. "Public Art Program" means the conceptual program for the design and siting of the Public <br />Art as shown on Exhibit C. The Public Art Program sets forth the general description of the <br />location of the Public Art and is subject to refinement at the time of installation by mutual <br />agreement of the Owner and the City's Executive Director of Planning and Building. <br /> <br />2.11. The "Term" refers to the term of this Agreement as set forth in Section 4.2 below. <br /> <br />Additional defined terms pertaining to specific sections of the Agreement are denoted within <br />quotation marks and parentheses. <br /> <br />3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement <br />and are identified as follows: <br /> <br />Exhibit Description Referred to in <br />Section <br />A Legal Description of the Property 1.2 <br />B Site Plan 1.2 <br />C Public Art Program 2.10,5.8 <br /> <br />4. GENERAL PROVISIONS. <br /> <br />4.1. Property Subject to the Agreement. During the Term or until released pursuant to Section <br />8.4 below, no portion of the Property shall be released from this Agreement until Owner has <br />fully performed its obligations under this Agreement. <br /> <br />4.2. Term of Agreement. The term of this Agreement (the "Term") shall commence on the <br />effective date of City Ordinance No. /'IS - 2.(,S1 as set forth in Section 1.6 above. The <br />Term shall end on the 12th anniversary of the Effective Date unless the Agreement is <br />terminated or modified sooner as may be allowed by this Agreement. The Term may be <br />extended for three years by the Executive Director of Planning and Building if Owner has <br />provided to City notice of its intent to proceed with the Project within the extension period <br />and is in compliance with the terms of this Agreement. <br /> <br />4.3. Extension of Existing Approvals. All Existing Approvals shall be deemed extended for the <br />duration of the Term. <br /> <br />4.4. Assignment. Owner may transfer or assign the Property, in whole or in part, to any person <br />or entity (public or private) during the Term (an "Assignee"). Any transfer or assignment of <br />the rights under this Agreement (an "Assignment") shall include the assumption of the duties, <br />obligations, and liabilities arising from this Agreement with respect to the portions of the <br />Property assigned or transferred. The recordation of this Agreement shall serve as notice to <br />the Assignee of this requirement. <br /> <br />a. During the Term, any Assignee shall perform all of Owner's obligations under this <br />Agreement to the extent that those obligations pertain to the portion of the Property <br />assigned. All Assigns shall have the same rights, benefits, duties, obligations, and <br /> <br />70020313.7 3 <br />6/24/04 <br />