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<br />with the terms set forth in this Agreement and use their best efforts to execute an MDA. The <br />execution ofthe MDA shall be subject to the following: <br /> <br />(a) All tenus of the MDA are acceptable to the City and the Developer. <br /> <br />(b) The City's financial consultant provides to the City a report indicating that: <br /> <br />(i) Any public financial assistance is necessary and appropriate, and is <br />financially feasible for the City in light of its other redevelopment and <br />economic development goals; and <br /> <br />(ii) Based on a review of the market study and pro forma provided by the <br />Developer, the proposed redevelopment and its financial feasibility are <br />supportable by projected market conditions. <br /> <br />Section 8. Effect of Approvals. No approval given by the City hereunder or in <br />connection herewith shall be deemed to constitute an approval of the Development for any purpose <br />other than as stated herein and the process outlined in this Agreement shall not be deemed to <br />supersede any concept review, conditional use permit, vacation, subdivision, rezoning or other <br />zoning or planning approval process of the City relative to the development of real estate or <br />condition of receiving any grant funds, <br /> <br />Section 9, Modifications. This Agreement may be modified and the term thereof may <br />be extended only through written amendments hereto signed by the parties to this Agreement and <br />approved by the City Council. <br /> <br />Section 10. Rights Regarding OTP. (a) The City may only rescind or terminate the OTP <br />pursuant to the terms thereof, including, but not limited to Section 5 thereof under the following <br />terms and conditions: <br /> <br />(i) The City determines that the grounds exist for rescission or tenuination <br />under the terms of the OTP; and <br /> <br />(ii) This Agreement expires or the City has terminated this Agreement pursuant <br />to Section 12(a)(i) hereof prior to the execution of an MDA. <br /> <br />If the foregoing conditions are satisfied, the City may deliver to GSA a notice of rescission <br />or termination ofthe OTP effective upon receipt thereof by GSA. <br /> <br />(b) The Developer may require that the City rescind or terminate the OTP pursuant to <br />the terms thereof, including, but not limited to Section 5, under the following terms and conditions: <br /> <br />(i) The Developer determines that the grounds exist for rescission or <br />termination under the terms of the OTP; and <br /> <br />10 <br />