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Project, the City acknowledges that Nexus may require that City inspectors be accompanied <br />by a Project employee or other Nexus representative. <br />4.5 Upon completion of the Trail Corridor Improvements and payment of the <br />amounts set forth in Section 3.1 above, Nexus shall have no further obligations to the City in <br />connection with the disannexation of the Property. <br />V. <br />Default <br />5.1 If Nexus defaults on any obligation in this Agreement, including the timely <br />payment of the amounts as set forth in Section 3.1, or completion of the Trail Corridor <br />Improvements as set forth in Section IV, the City may bring suit to recover any outstanding <br />payments due under this Agreement and/or for specific performance of the obligations <br />contained herein regarding Trail Corridor Improvements; provided, however, that prior to <br />filing suit or taking any legal action against Nexus, the City shall deliver written notice of <br />default to Nexus, and upon Nexus's receipt of such notice, Nexus shall be given a reasonable <br />opportunity of not less than thirty (30) days to cure the default. <br />VI. <br />No Conflict of Interest <br />6.1 Nexus represents and warrants that the Property does not include any <br />Property that is owned or leased by a member of the Planning and Zoning Commission of the <br />City, nor by a member of the City Council approving, or having responsibility for the approval <br />of, this Agreement. <br />VII. <br />Conditions <br />7.1 The terms and conditions of this Agreement are binding upon and enforceable <br />against and with respect to the successors and assigns of all parties hereto. <br />7.2 It is understood and agreed between the parties that Nexus, in performing its <br />obligations hereunder, is acting independently; the City assumes no responsibility or liability <br />in connection therewith to third parties; and Nexus agrees to indemnify and hold the City <br />harmless therefrom. It is further understood and agreed among the parties that the City, in <br />performing its obligations hereunder, is acting independently; Nexus assumes no <br />responsibility or liability in connection therewith to third parties; and, to the extent <br />permissible by law, the City agrees to indemnify and hold harmless Nexus therefrom. <br />4 <br />