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<br />exercise of the power of eminent domain by any governmental body or other person (except the <br />City), so long as the Assessment Agreement shall remain in effect, the Developer shall, with <br />reasonable promptness after such taking, notify the City as to the nature and extent of such <br />taking. <br /> <br />Section 6.3. Reconstruction or Payment. Upon receipt of any Condemnation Award or <br />property insurance proceeds, the Developer shall use the entire Condemnation A ward to <br />reconstruct the Minimum Improvements (or, in the event only a part of Minimum Improvements <br />have been taken, then to reconstruct such part) upon the Development Property or elsewhere <br />within the Tax Increment District; provided, however, that the Developer may instead elect to <br />pay to the City out of the Condemnation Award or property insurance proceeds, if and to the <br />extent any such Condemnation A ward or property insurance proceeds are sufficient for such <br />purpose the sum of the outstanding principal amount of the Tax Increment Bonds. <br /> <br />Section 6.4. Relationship to Mortgagee. The provisions of Section 6.1 shall be subject <br />to the subordination, modification and waiver provisions of Section 8.7 but shall otherwise <br />remain in full force and effect with respect to the Developer's obligations to maintain insurance, <br />notify the City of any casualty and reconstruct the Minimum Improvements upon such casualty <br />unless provision is made to the satisfaction of the City for the reimbursement of all public <br />redevelopment costs incurred by the City in connection with the Project. <br /> <br />ARTICLE VII <br /> <br />OTHER COVENANTS <br /> <br />Section 7.1 Real Property Taxes. The Developer shall prior to the Termination Date <br />pay all real property taxes payable with respect to all parts of the Development Property acquired <br />and owned by it and pursuant to the provisions of the Assessment Agreement and any other <br />statutory or contractual duty that shall accrue subsequent to the date of its acquisition of title to <br />the Development Property (or part thereof) and until title to the property is vested in another <br />person. <br /> <br />The Developer agrees that prior to the Termination Date: <br /> <br />(a) It will not seek administrative review or judicial review of the <br />applicability of any tax statute relating to the ad valorem property taxation of real <br />property contained on the Development Property determined by any tax official to be <br />applicable to the Project or the Developer or raise the inapplicability of any such tax <br />statute as a defense in any proceedings with respect to the Development Property, <br />including delinquent tax proceedings; provided, however, "tax statute" does not include <br />any local ordinance or resolution levying a tax; and <br /> <br />(b) It will not seek administrative review or judicial review of the <br />constitutionality of any tax statute relating to the taxation of real property contained on <br />the Development Property determined by any tax official to be applicable to the <br />respective Project or the Developer or raise the unconstitutionality of any such tax statute <br /> <br />20 <br />