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(4) Neither the execution and delivery of this Agreement, the consummation <br /> of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and <br /> conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, <br /> the terms, conditions or provision of any contractual restriction, evidence of indebtedness, <br /> agreement or instrument of whatever nature to which the Developer is now a party or by which <br /> they are bound, or constitutes a default under any of the foregoing. <br /> (5) The Developer will cooperate fully with the City with respect to any <br /> litigation commenced with respect to the Project. <br /> (6) The Developer will cooperate fully with the City in resolution of any <br /> traffic, parking, trash removal or public safety problems which may arise in connection with the <br /> construction and operation of the Project. <br /> (7) Commencement of Construction shall begin by 2011 and <br /> the construction of the Project will be substantially completed by December 31, 2012, subject to <br /> Unavoidable Delays, and will create jobs in the State. <br /> (8) The Developer will not seek a reduction in the market value as determined <br /> by the Ramsey County Assessor of the Project or any Post Project Phases or other facilities that <br /> it constructs on the Development Property, pursuant to the provisions of this Agreement, for so <br /> long as the TIF Notes remain outstanding. The City acknowledges that this representation shall <br /> not be binding upon subsequent owners of Completed Residential Buildings within the <br /> Development Property. <br /> 5 <br /> 2753452v% <br />