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2714042v3 <br />11/03/10 <br />7.6 The Developer may not enter into a lease of the Retail Space that obligates <br />the Developer to provide the tenant with leasing incentives, including but not limited to, <br />free rent, reduced rent or tenant improvements or tenant improvement allowances that <br />exceed $ per square foot per year of the lease term without the written consent of the <br />HRA which consent the HRA may grant or withhold in the HRA sole and absolute <br />discretion. <br />8. Assignments. The rights of the Developer and the HRA are not assignable. <br />9. Additional Provisions. <br />9.1 Conflicts of Interest. No member of the governing body or other official <br />of the HRA shall participate in any decision relating to the Agreement which affects his <br />or her personal interests or the interests of any corporation, partnership or association in <br />which he or she is directly or indirectly interested. No member, official or employee of <br />the HRA shall be personally liable to the HRA in the event of any default or breach by <br />Developer or successor or on any obligations under the terms of this Agreement. <br />9.2 No Implied Waiver. In the event any agreement contained in this <br />Agreement should be breached by any party and thereafter waived by any other party, <br />such waiver shall be limited to the particular breach so waived and shall not be deemed to <br />waive any other concurrent, previous or subsequent breach hereunder. <br />9.3 Titles of Sections. Any titles of the several sections of this Agreement are <br />inserted for convenience of reference only and shall be disregarded in construing or <br />interpreting any of its provisions. <br />9.4 Notices. A notice, demand or other communication under this Agreement <br />by any party to any other shall be sufficiently given or delivered the day following the <br />day if it is dispatched by overnight courier; two business days after it is mailed, via <br />registered or certified mail, postage prepaid, return receipt requested; or the day it is <br />delivered personally, and <br />(i) in the case of Developer is addressed to or delivered personally to: <br />8900 Keystone Crossing #1200 <br />Indianapolis, IN 46240 <br />Attn: David M. Flaherty <br />Telephone No.: (317) 816 -9300 <br />Facsimile F &C Ramsey, LLC <br />No.: (317) 816 -9301 <br />Email: dflaherty @flahertycollins.com <br />With a copy to: <br />Barnes & Thornburg <br />11 S. Meridian St. <br />Indianapolis, IN 46204 <br />K -4 <br />