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Agreement Wgether with the Transferred Property Interest. The Transfer of interests, rights, or <br />obligations under this Agreement or the other Project Approvals shall not require City approval. <br /> $.2 ]~erformanc~ of Obllv~tions Unon Assignment. It is the intent of the Parties that <br />all applicable requirements of the Existing Standards and the Project Appwvals shall be met as <br />the ~ is developed. If Property Owner Transfers all or any portion oftbe Pwperty or any <br />interest therein to a Transferee, Property Owner shall continue to be responsible for performing <br />the obligations under this Agreement and the other Project Approvals as to the Transferred <br />Property Interest until such time as there is delivered to City a legally binding instrument <br />whereby Transferee agrees to perform the obligations of this Agreement and the other Project <br />Approvals described in the Assignment to be assumed by Transferee (the "Specified <br />Obligations"). <br /> <br /> 8.3 <br /> (a) Upon the Transfer by Pwper~ Owner of all or a portion of the Property or <br /> any interest therein, including Propen'y Owner's rights and interests under this Agreement and <br /> the other Project Approvals under Section $.1, Property Owner shall be released from the <br /> Specified Obligations under this Agreement and the other Pwject Approvals so transferred; <br /> provided, however, that: (i) Property Owner is not then in breach of the Specified Obligations; <br /> (ii) Property Owner has provided written notice of such Transfer to City that discloses the <br /> identi~y of the Transferee and the Transferee's address; and (iii) subject to the exceptions stated <br /> herein below, the Transferee executes and delivers to City an Assignment in which the <br /> Transferee expressly and unconditionally assumes all of the Specified Obligations. Failure of the <br /> Transferee to deliver an Assignment hereunder shall not affect the running of any covenants <br /> herein with the land, as provided in Article 9 below, nor shall such failure negate, modify, or <br /> otherwise affect the liability of any Transferee pursuant to the provisions of this Agreement and <br /> the other Project Approvals. <br /> (b) Following anY assumption of obligations by a Transferee in accordance <br /> with the terms of this Article 8, the Transferee's Specified Obligations shall be severed from the <br /> surviving rights, obligations and interests of the property Owner and the property Owner's rights, <br /> obligations and interests shall be severed from the Transferee's Specified Obligations such that <br /> each party's subsequent performance shall be considered independently from the other's and a <br /> breach of the Specified Obligations by one party shall not affect the rights, obligations and <br /> interests of the other party. Transferee(s) shall be responsible for the reporting and annual <br /> review requirements relating to the portion of the property owned by such Transferee(s),. and any <br /> amendment to this Agreement between City and a Transferee shall only affect the portion of the <br /> Property owned by such Transferee. <br /> 8.4 ~e_~gre_-o~tion of Obli~atiuns. In the event of s Transfer of all or any part of the <br /> Property, upon request of the Property Owner or any Transferee, City shall use its best efforts <br /> and shall cooperate in good faith with Property Owner and any Transferee in segregating those <br /> obligations necessary as a prerequisite to and in connection with development of that portion(s) <br /> of the Project which is to be developed by the Transferee and to which such Transferee is <br /> . n establishing those obligations to which the Transferee. is subject, City shall <br /> subject Upo ~ ~ , -, ---'-~- -.,,-4**~n release indicating those conditions <br /> provide the Transferee, at iransreree s request, w~m <br /> <br /> -25- <br />35690~49375v$ <br /> <br /> <br />