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<br /> <br /> <br /> <br /> <br /> <br /> June 30, 2009, or (b) all of the initial Preliminary Funds advanced hereunder have been spent <br /> and the Company does not provide additional Preliminary Funds to the City. The City shall pay <br /> to the Company, within 60 days after the City delivers notice of its termination of this Agreement <br /> under this Section, all Preliminary Funds remaining after the City's payment of any <br /> Disbursement Requests submitted pursuant to this Agreement for work performed by any of the <br /> parties specified in Paragraph 1 hereof through the date of termination. <br /> 8. Excess Preliminary Funds. If the City does not expend all of the Preliminary <br /> Funds as provided herein, the City shall immediately return the remainder of the Preliminary <br /> Funds to the Company. <br /> <br /> 9. No Third Party Beneficiaries. This Agreement constitutes a contract solely <br /> between the City and the Company. No third party has any beneficial interest in or derived from <br /> this Agreement. <br /> 10. Notices. All notices and correspondence hereunder shall be in writing and shall <br /> be delivered by hand delivery, facsimile, or first class mail, postage prepaid, to the parties as set <br /> forth below: <br /> <br /> If to the City: <br /> <br /> City of University City <br /> Attention: Lehman Walker <br /> 6801 Delmar Boulevard <br /> University City, Missouri 63130 <br /> <br /> If to the Company. <br /> <br /> Metropolitan Development-Kingsland Walk Group, LLC <br /> Attention: Jay Simon <br /> 7174 Manchester Road <br /> St. Louis, Missouri 63143 <br /> Fax: (314) 781-7466 <br /> <br /> with a copy to: <br /> <br /> Lewis, Rice & Fingeresh, L.C. <br /> Attention: Beverly A. Marcin <br /> 500 North Broadway Suite 2000 <br /> St. Louis, Missouri 63102 <br /> Fax: (314) 612-7678 <br /> 11. Miscellaneous. <br /> <br /> (a) Severability. If any provision of this Agreement is unenforceable, the remainder <br /> of this Agreement shall be enforced as if such provision were not contained herein. <br /> <br /> <br /> <br /> -3- <br />