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Exhibit <br />Designation Description Referred to <br />in Section <br />A Property Legal Description 1.2 <br />B Property Graphical Description (Site Plan) 1.2 <br />C Public Art Plan 2.5 <br />D Cooperative Agreement for Off -Site Improvements 5.1.1 <br />E Remaining Offsite Mitigation Measures 5.1.2 <br />4• GENERAL PROVISIONS. <br />4.1 Property Subject to the Agreement. Until released pursuant to the <br />provisions of Section 8.3 below, no property shall be released from this Agreement until <br />Property Owner has fully performed its obligations arising out of the Agreement. <br />4.2 Duration of Agreement. The term of this Agreement shall for ten (10) <br />years; provided, however that the Owner may request one two -year extension from the Executive <br />Director of the Planning and Building Agency, which request shall not be unreasonably denied. <br />4.3 Assignment. Owner shall have the right to transfer or assign the Property, <br />in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or <br />corporation at any time during the term of this Agreement; provided, however, that except as <br />provided in section 4.3.1 of this Agreement, the rights of Owner under this Agreement may not <br />be transferred or assigned unless the written consent of the Council is first obtained and any <br />transfer or assignment of the rights under this Agreement shall include in writing the assumption <br />of the duties, obligations, and liabilities arising from this Agreement if the City grants written <br />consent to transfer the rights. Nor shall the rights of the Owner hereunder be subject to <br />assignment by attachment, execution, or proceedings under any provision of the Bankruptcy Act, <br />and any such assignment or transfer shall be wholly void and of no force and effect unless such <br />written consent thereto be obtained from the Council. Such transfer or assignment shall not <br />relieve Owner of any duty, obligation or liability to City without the consent of the City. <br />During the term of this Agreement, any approved assignee or transferee of the <br />rights under this Agreement shall observe and perform all of the duties and obligations of Owner <br />contained in this Agreement as such duties and obligations pertain to the portion of the Property <br />transferred or assigned. Any and all approved successors and assignees of Owner shall have all <br />of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If <br />the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, <br />assigned, or transferred to persons for development by them in accordance with the provisions of <br />4 <br />