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ARTICLE V 385 Section 5.1 Restrictions on Use. The Developer agrees for itself, its successors and 386 assigns and every successor in interest to the Development Property, or any part thereof, that 387 during the term of this Agreement the Developer and such successors and assigns shall operate, 388 or cause to be operated, the Project as a multifamily rental housing facility and shall devote the 389 Development Property to, and in accordance with, the uses specified in this Agreement. 390 Section 5.2 Conflicts of Interest. No member of the governing body or other official 391 of the City shall have any financial interest, direct or indirect, in this Agreement,, the 392 Development Property or the Project,, or any contract, agreement or other transaction 393 contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such 394 member of the governing body or other official participate in any decision relating to the 395 Agreement which affects his or her personal interests or the interests of any corporation, 396 partnership or association in which he or she is directly or indirectly interested. No member, 397 official or employee of the City shall be personally liable to the City in the event of any default 398 or breach by the Developer or successor or on any obligations under the terms of this Agreement. 399 Section 5.3 Titles of Articles and Sections. Any titles of the several parts, articles and 400 sections of the Agreement are inserted for convenience of reference only and shall be 4O1 disregarded in construing or interpreting any of its provisions. 402 Section 5.4 Notices and Demands. Except as otherwise expressly provided in this 403 Agreement, a notice, demand or other communication under this Agreement by any party to any 404 other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, 405 postage prepaid, return receipt requested, or delivered personally, and 406 (1) in the case of the Developer is addressed to or delivered personally to.- 407 Aeon 408 822 South 3rd Street,, Suite 300 409 Minneapolis, MN 55415 410 411 (2) in the case of the City is addressed to or delivered personally to the City at.- 41 City of Roseville, Minnesota 413 2660 Civic Center Drive 414 Roseville,, MN 55113 415 or at such other address with respect to any such party as that party may, from time to time,, 416 designate in writing and forward to the other, as provided in this Section. 417 Section 5.5 Counterparts. This Agreement may be executed in any number of 418 counterparts, each of which shall constitute one and the same instrument. 12 3873204v2