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<br />SAME FORM AS ITS RELEASE OF AND INDEMNITY TO THE INDEMNIFIED <br />PERSONS HEREUNDER. <br />THE DEVELOPER SHALL REQUIRE ALL GENERAL CONTRACTORS TO <br />POST PAYMENT AND PERFORMANCE BONDS IN THE AMOUNT OF THE <br />PROJECT COST AND ONE YEAR MAINTENANCE BONDS AS DEEMED <br />APPROPRIATE BY THE AUTHORITY. <br />ARTICLE 8 <br />DEFAULT <br />8.1 Default. <br />(A) If the Authority or the Zone does not perform its obligations hereunder in <br />compliance with this Agreement in all material respects, in addition to the other rights <br />given the Developer under this Agreement, the Developer may enforce specific <br />performance of this Agreement for any such default if such default is not cured or is not <br />commenced and diligently pursued within thirty (30) days after receipt by the Authority <br />and the Zone of a written notice detailing the event of default. Failure of a project to <br />generate sufficient tax increment increase to repay Developer Advances is not a default <br />on the part of the Authority or the Zone. <br />(B) In the event the Developer completes the Public Improvements and the <br />Project but does not otherwise perform its obligations hereunder as provided in Article 4 <br />in compliance with this Agreement, in addition to the other rights and remedies the <br />Authority and the Zone may have under this Agreement or in law or equity, the Authority <br />and/or the Zone may enforce specific performance or seek actual damages incurred for <br />any such default if such default is not cured within thirty (30) days after receipt by <br />Developer of a written notice of default or such cure is not commenced within ten (10) <br />days after receipt by Developer of a written notice of default and thereafter diligently <br />prosecuted to completion as determined in the discretion of the Authority. <br />ARTICLE 9 <br />GENERAL <br />9.1 . The Developer agrees to keep such operating records relating <br />to the Public Improvements as may be required by the Authority, or by state and federal law or <br />regulation for a period not to exceed four (4) years after completion unless otherwise required by <br />law. The Developer shall allow the Authority and the Zone access to documents and records in <br />reement. <br />9.2 . No personnel supplied or used by the <br />Developer in the performance of this Agreement shall be deemed employees, agents or <br />contractors of the Authority, the Zone or the City for any purpose whatsoever. The Developer <br />shall be solely responsible for the compensation of all such personnel, for withholding of <br />16 <br />011782.0153271 EMF_US 84032577v3 <br /> <br />