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all Net Proceeds (as defined in the Note) from the Property into <br />a separate bank account with an institution designated by the <br />holder of the Note, which account will be known as the "Westover <br />Subaccount of the Special Allocation Fund." The City's <br />obligations under this Section are expressly contingent on the <br />condition precedent set forth in Section 20 hereof. <br /> <br /> Section 12. Developer's Continuing Obligations with Respect <br />to the Acquired Property and the Property. <br /> <br /> (a) For ten years after the acquisition by the <br />Commission of the Acquired Property, or, if sooner until the <br />Developer reacquires title to the Acquired Property, Developer <br />shall be responsible, at its sole cost and expense, for the <br />following: <br /> <br /> (i) maintaining the Acquired Property in full <br />compliance' with all applicable codes, ordinances, laws, r~les and <br />regulations, including, without limitation, planting it with <br />grass, trimming such grass, and keeping the Acquired Property <br />free of weeds, brush, litter, debris, trash, building materials <br />and standing water; and <br /> <br /> (ii) continuously maintaining liability <br />insurance for the Acquired Property in amounts not less than <br />$1,000,000.00 per occurrence for bodily injury, death and <br />property damage, with full extended coverage, naming the City and <br />the Commission as insureds, which insurance shall be in form and <br />substance satisfactory to the Commission and the City, and shall <br />provide that it will not be terminated without at least 30 days <br />written notice to the Commission and the City, Developer hereby <br />agreeing to deliver insurance policies to the City and the <br />Commission at Closing, and thereafter on each renewal of a policy <br />obtained by it for the Acquired Property. Failure of Developer <br />to deliver any such policy shall be an event of default hereunder <br />entitling the City and the Commission to the remedies provided <br />herein. <br /> <br /> (iii) The Commission hereby grants Developer the <br />right to enter onto the Acquired Property from time to time <br />solely to the extent necessary to perform Developer's maintenance <br />obligations hereunder. Developer hereby agrees (i) not to use <br />the Acquired Property for any purpose, nor to do anything on or <br />about the Acquired Property except for the performance of its <br />maintenance obligations hereunder, (ii) not to permit any tenants <br />of the Property or any other third parties to use the Acquired <br />Property or to have access thereto, and (iii) not to store <br />machinery or other property or allow any such machinery or <br />Property to remain on the Acquired Property. <br /> <br />STL-6313 <br /> <br />- 8 - <br /> <br /> <br />