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B. Upon the Developer successfully fulfilling the terms of this Agreement for <br />exactly ten years after the recordation of the Trust Deed, the Note shall become null and void, and <br />Developer shall not be obligated to the Agency thereunder. <br />[§400] USE AND MAINTENANCE OF THE SITE <br />j§401] Use Covenants and Restrictions. The Developer agrees and covenants as follows, <br />which covenants shall run with the land and bind Developer, its successors, its assign and every <br />successor in interest to the Property: <br />A. that Developer will maintain for a continuous period the art related uses with the <br />standards and limitations more fully described in Attachment No. 4 in the Building for ten years <br />from the date of execution of this Agreement, or the termination of this Agreement, whichever <br />occurs first, for the benefit and in favor of the Agency, its successors and assigns; and <br />B. that Developer will maintain for a continuous period a quality restaurant with the <br />standards and limitations more fully described in Attachment No. 2 in the Building for ten years, or <br />five years but only if Developer can demonstrate to the satisfaction of the Executive Director, <br />which satisfaction shall not be unreasonably withheld, that a quality restaurant is not economically <br />feasible or viable in the Building, from the date of the execution of this Agreement, or the <br />termination of this Agreement, whichever occurs first, for the benefit and in favor of the Agency, its <br />successors and assigns. <br />[§402] Maintenance of the Site. Solely at Developer's expense, Developer agrees, to <br />maintain the Property in a clean and orderly condition and in good condition and repair and keep <br />the Property free from any accumulation of debris and waste materials. If at any time Developer <br />fails to maintain, or cause to be maintained, the Property as required by this section, and said <br />condition is not corrected after the expiration of a reasonable period of time not to exceed thirty <br />(30) days from the date of written notice from the Agency, unless such condition cannot reasonably <br />be cured within thirty (30) days, in which case Developer shall have such additional time as <br />reasonably necessary to complete such cure, the Agency may perform the necessary maintenance <br />and Developer shall pay all reasonable costs incurred for such maintenance. <br />[§403] Obligation to Refrain from Discrimination. Developer covenants and agrees for <br />itself, its successors, its assigns and every successor in interest to the Site or any part thereof, that <br />there shall be no discrimination against or segregation of any person or group of persons on account <br />of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, <br />sublease, transfer, use, occupancy, tenure or enjoyment of the Site nor shall Developer itself or any <br />person claiming under or through him establish or permit any such practice or practices of <br />discrimination or segregation with reference to the selection, location, number, use or occupancy of <br />tenants, lessees, subtenants, sublessees or vendees'of the Property. The foregoing covenants shall <br />run with the land and shall remain in effect for the term of the Agreement. <br />6 <br />65A-12