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(9) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the City and the County. (10) ASSIGNMENT: This Agreement shall be binding upon, and shall inure to the benefit of, the City and its successors and assigns. The City may assign its rights and delegate its duties hereunder to any party that may in the future become an owner or occupant of the Property and, provided that the County is notified of such assignment, the City shall be relieved of all obligations under this Agreement arising after the date of such notice. References in this Agreement to "the City" shall mean the City or such entity to which the City has assigned its rights and delegated its duties hereunder. (11) AUDIT OF RECORDS: The City must maintain all records relating to this Agreement, including but not limited to invoices, payrolls and related documents. These records shall be available at all reasonable times at no charge to the County and/or its designees or representatives during the period ofthis Agreement and any extension thereof. (12) TERMINATION: The County may terminate this Agreement at any time for a material breach of contractual obligations or for any reason, including the convenience of the County by providing the City with written notice of termination. Should the County exercise its right to terminate this Agreement for such reasons, termination will become effective upon the date specified in the notice sent to the City. In addition, if St. Louis County, in its sole discretion, determines that the removal of the decorative lighting, paved shoulder, and sidewalk streetscape features from the County's right-of-way is in the best interest, the County may remove the decorative lighting, paved shoulder, and/or sidewalk streetscape features. (13) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according the laws of the state of Missouri and any suit brought regarding the enforceability of this Agreement shall be filed in the Twenty-first Judicial Circuit, State of Missouri. The City shall comply with all local, state and federal laws, ordinances and regulations relating to the performance of this Agreement. (14) MISSOURI NONDISCRIMINATION CLAUSE: The City shall comply with all the provisions of Executive Order No. 94-03, issued by the Honorable Mel Carnahan, Governor of Missouri, on the fourteenth (14) day of January 1994, which executive order is incorporated herein by reference and is made a part of this Agreement. C:\Documents and Settings~feier\Local Settings\Temporary Internet Files\OLKI2\St Louis County MOU Agreement for Olive Development.doc