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2 <br />expenses and consulting services not otherwise paid from Applicant’s funds and any unexpended <br />balance shall be returned to the Applicant. <br />5. Report of Payment of Costs . The City shall provide to the Applicant a written <br />accounting on a quarterly basis of all expe nses deducted from Applicant’s funds. <br />6. Termination of Consideration . The City shall have the ri ght at any time, prior to <br />the adoption of a resolution approving the use of tax increment assistance or other HRA financial <br />assistance, to terminate its consideration of Applicant’s Project and the provision of tax <br />increment assistance or other HRA financial assistan ce without any liability of the City or any of <br />their respective officers, employees or agents. <br />7. Release of City . The Applicant hereby releases the City, HRA and each of their <br />officers, employees and agents from any claims or causes of action which it may have against <br />them or any of them for any costs, expenses, losses, damages or liabilities which it may incur in <br />connection with the City’s consideration of the Proj ect, the failure of the City or HRA, in their <br />discretion, to provide tax increm ent assistance or other HRA fundi ng assistance for the Project, <br />the issuance and sale of tax increment obligations , the construction of the Project, or any other <br />matter or thing of any nature whatsoever wh ich may arise in connection with any of the <br />foregoing. <br />8. Indemnification . Applicant agrees to indemnif y and hold the City, HRA and each <br />of their officers, employees and agents harmle ss from and against any and all losses, claims, <br />damages, expenses or liabilities, including attorneys’ fees incurred in their defense, to which the <br />City, HRA or any of their officers, employees and agents or any of them may become subject in <br />connection with the City and HRA’s considerat ion of the Project and consideration of the <br />provision of tax increment assistance or ot her HRA funding assistance to the Project. <br />9. Assignment . The Applicant shall have no right to assign any claimed rights it <br />may acquire by reason of any action taken with re spect the Project by the City, HRA or any of <br />their officers, employees or agents. <br /> <br />Very truly yours, <br /> <br />____________________, Applicant <br /> <br />By ________________________________ <br />Its ________________________________ <br /> <br />Date ___________________, 20___ <br /> <br /> <br />Drafted by: <br /> <br />