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371 Agreement but shall, in any event and without regard to any fault on the part of the City,, apply to <br />372 any pecuniary loss or penalty (including interest thereon from the date the loss is incurred or <br />373 penalty is paid by the City at a rate equal to the Prime Rate) as a result of the Developer <br />374 operating the Project so that the Tax Increment District does not qualify or ceases to qualify as a <br />375 "housing district" under Section 469.174, Subdivision 11, of the Act or to violate limitations as <br />376 to the use of Tax Increments as set forth in Section 469.17 6,, Subdivision 4d. <br />377 (3) All covenants, stipulations, promises, agreements and obligations of the City <br />378 contained herein shall be deemed to be the covenants,, stipulations, promises, agreements and <br />379 obligations of the City and not of any governing body member, officer, agent,, servant or <br />380 employee of the City, as the case may be. <br />t 6" <br />3873204v2 <br />11 <br />