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<br />(-., <br /> <br />and liabilities, including reasonable attorneys' fees, arising as a consequence of such <br />removaL <br /> <br />ARTICLE VII <br />TERM AND TERMINATION OF TRANSIT ACTIVITIES <br /> <br />7.1 Term. This Agreement shall be in full force and effect following its execution by <br />the parties. The term of this Agreement and of all easements and covenants <br />granted pursuant to this agreement shall be perpetual, provided that certain of the <br />covenants and easements created by this agreement may be terminated upon the <br />occurrence of the Demolition Completion Date in accordance with the provisions of <br />Section 7.3 of this Agreement. <br /> <br />7.2 Termination of Transit Activities. Notwithstanding any contrary provision herein, <br />the Council and Northtown shall each have the option to terminate the use of the <br />Transit Hub Improvements as a public transit facility through the delivery of written <br />notice to that effect (the "Voluntary Termination Notice") to the other; provided, <br />the delivery of the Voluntary Termination Notice shall be subject to the following <br />terms and conditions: <br /> <br />(a) the Voluntary Termination Notice shall not be delivered prior to the <br />expiration of the 120th full calendar month subsequent to the month in <br />which the Transit Commencement Date occurred; and <br /> <br />(b) the Voluntary Termination Notice shall designate the effective date of the <br />termination of the transit services (the "Transit Termination Date"), which <br />date shall be no sooner than the 180th day after the last date of the delivery <br />of the Voluntary Termination Notice to the party to whom such notice is <br />required hereunder to be delivered, <br /> <br />In the event of the timely and proper delivery of the Voluntary Termination Notice, <br />the rights and obligations hereunder to pursue and deliver public transit activities <br />and services upon the Transit Hub Improvements shall cease as of the Transit <br />Tennination Date and, upon the occurrence of the Transit Termination Date, the <br />Council shall proceed, with due diligence and at its sole cost, to demolish and <br />restore the Council and Northtown Parcels in accordance with the provisions of <br />Section 7.3 hereof. <br /> <br />7.3 Demolition and Restoration. If the Council is required to demolish and restore the <br />site of the Transit Hub Improvements pursuant to Section 5.3 hereof, or in the <br />e'Vent of the occurrence of the Transit Termination Date following the delivery of a <br />Voluntary Termination Notice pursuant to Section 7.2 hereof, the Council shall <br />proceed with due diligence and at its sole cost to demolish and remove the Bus <br />Shelters, transit islands, and Circulation Area, and, at the election of Northtown, <br />the Pedestrian Walkway, and to grade, pave, stripe, and provide lighting for the <br />area upon which the improvements had been situated so that the area can be <br />thereafter used as a surface parking area that is integrated in its design and traffic <br /> <br />-13- <br /> <br />vl 'd IZH'oN <br /> <br />^30 ~~OJ 3NlVl8 A1IJ <br /> <br />~dlO:ZI lOOG '08'^ON <br />