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which are not contemplated by this Agreement but shall, in any event and without regard to any <br /> fault on the part of the City, apply to any pecuniary loss or penalty (including interest thereon <br /> from the date the loss is incurred or penalty is paid by the City at a rate equal to the Prime Rate) <br /> as a result of the Project causing the Tax Increment District to not qualify or cease to qualify as <br /> an "economic development district" under Section 469.174, Subdivision 12 and Section 469.176, <br /> Subdivision 4c of the Act, or to violate limitations as to the use of Tax Increments as set forth in <br /> Section 469.176, Subdivision 4c. <br /> (3) All covenants, stipulations, promises, agreements and obligations of the <br /> City contained herein shall be deemed to be the covenants, stipulations, promises, agreements <br /> and obligations of the City and not of any governing body member, officer, agent, servant or <br /> employee of the City. <br /> 10 <br /> 27534520¢ <br />