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<br />. <br />. Applicant hereby releases the City, its officers, employees and agents, from any <br /> claims or causes of action which it may have against them or any of them for any <br /> costs, expenses, losses, damages or liabilities which it may incur in connection with <br /> the City's consideration of the Project; the failure of the City, in its discretion, to issue <br /> Tax Increment Obligations for Applicant's Project' the issuance and sale of the Tax <br /> Increment Obligations; the construction of the Project; or any other matter or thing of <br /> any type or nature whatsoever which may arise in connection with any of the <br /> foregoing. <br /> 5. Indemnification. Applicant agrees to indemnify and hold the City, its officers, <br /> employees and agents harmless from and against any and all losses, claims <br /> damages, expenses or liabilities, including attorneys' fees incurred in their defense, to <br /> which the City', its officers, employaes and agents Oi any 01 them may become <br /> subject in connection with the City's consideration, issuance or sale of the Tax <br /> Increment Obligations for Applicant's Project and the carrying out of the transactions <br /> contemplated by this Agreement and any resolutions adopted or Agreements <br /> executed by the City in connection with the issuance of Tax Increment Obligations for <br /> Applicant's Project. <br /> 6. Assicmment. The applicant shall have no right to assign any claimed rights it may <br /> acquire by reason of any action taken with respect to Applicant's Project and the <br /> issuance of Tax Increment Obligations therefor by the City or its officers, employees <br /> or agents. <br />. 7. Effective Date. The effective date of this Agreement is December 22, 1992. <br /> Very truly yours, <br /> ~,-'., 't l(..),tr <br /> ~~. ..',- ~'-- ~ -. \ -" . - -'-'~ <br /> , Applicant <br /> B" John W. Arks!! <br /> , <br /> Its Partner <br /> Date 12-22-92 <br />. <br />