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�' fareseeable future, without the assistance and benefit to the Developer provided for in this <br />Agreement. <br />� <br />� <br />(4) Neither the execution and delivery of this Agreement, the consummation of the <br />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 <br />of, 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 <br />which it is bound, or constitutes a default under any of the foregoing. <br />(5) The Developer will cooperate with the City with respect to any litigation <br />commenced with respect to the Project. <br />(6) The Developer will cooperate with the City in resolution of any traffic, parking, <br />trash removal or public safety problems which may arise in connection with the construction <br />and operation of the Project. <br />(7) The Developer shall commence the construction of the Project on or before <br />November 1, 1999 and barring Unavoidable Delays, the Project will be substantially <br />completed by May 1, 2000. <br />1087040.3 5 <br />