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4.15 CounteMart s. This Agreement may be executed in multiple counterparts, which,
<br />when taken together, shall be deemed one original.
<br />4.16 EM'ploymeat of Undocumented Workers. During the term of this Agreement, the
<br />Developer agrees not to knowingly employ any undocumented workers and if convicted of a
<br />violation under 8 U.S.C. Section 1324a (f), the Developer shall repay the amount of any
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<br />reimbursement payment or other funds received by the Developer from City from the date of this
<br />Agreement to the date of such violation within 120 days after the date the Developer is notified by
<br />City of such violation, plus interest at the rate of 4% compounded annually from the date of
<br />violation until paid. The Developer is not liable for a violation of this section by a subsidiary,
<br />affiliate, or franchisee of the Developer or by a person with whom the Developer contracts.
<br />4.17 Form 1295 Certificate of Interested Parties. Prior to its execution of this
<br />....
<br />Agreement, the Developer agrees to file with the City pursuant to Texas Government Code
<br />2252.908 a signed and completed Texas Ethics Commission ("TEC") Form 1295 and a
<br />certification of filing with T.C.
<br />4.18 Recitals. The recitals set forth in Section 1: (a) are part of this Agreement for all
<br />purposes; (b) are true and correct,- and (c) each Party has relied upon such recitals in entering into
<br />this Agreement.
<br />4.19 Assi,gnabili•ty. Prior to the commencement date of the reimbursement payments to
<br />the Developer for the first Improvement Area, the Developer may not, without the prior written
<br />consent of the City, convey, transfer, assign, mortgage,, pledge, or otherwise encumber, in whole
<br />or inp art, any right, title, or interest under this Agreement. On or after such reimbursement
<br />commencement date, the Developer has the right to convey, transfer, assign, mortgage, pledge, or
<br />otherwise encumber, in whole or in part without the consent of (but with prior written notice to)
<br />the City, the Developer's right, title, or interest under this Agreement including, but not limited
<br />to, any right, title, or interest of the Developer in and to payment of any Reimbursement Agreement
<br />Balance (any of the foregoing, a "Transfer " and the person or entity to whom the Transfer is made,
<br />.. ........
<br />a "Transferee"). The rights of the Developer to assignment are conditioned upon the Transferee
<br />agreeing, in writing, to assume the rights, title or interest being assigned and to be bound by the
<br />terms and conditions of this Agreement to the extent they apply to the rights, title or interest being
<br />assigned. An assignment by the Developer pursuant to this Section shall be effective upon delivery
<br />to the City of a copy of the fully executed assignment, which shall include the information required
<br />by Section 4.9 hereof and unambiguous provisions regarding any apportionment between the
<br />Developer and the Transferee of the right to receive payment of a Reimbursement Agreement
<br />Balance for an Improvement Area or any other payment. The City may rely on any notice of a
<br />Transfer or executed assignment received from the Developer without obligation to investigate or
<br />confirm the validity or occurrence of such Transfer. The Developer waives all rights or claims
<br />against the City for any such funds provided to a third party as a result of a Transfer for which the
<br />City has received notice, and the Developer's sole remedy shall be to seek the funds directly from
<br />the third party. If the City determines in its sole discretion that the executed assignment received
<br />from the Developer does not -unambiguously provide for the apportionment between the Developer
<br />and the Transferee of the right to receive payments of a Reimbursement Agreement Balance or
<br />any other amount, the City will make such payments solely to the Developer until such tine as the
<br />executed assignment is amended to unambiguously provide for such apportionment and the
<br />Reimbursement Agreement
<br />Forestbrook Public Improvement District No. 1 Page 16
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