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a. The City has not declared an Event of Default (as defined in the TIF <br /> Agreement) under the terms of the TIF Agreement as of the date hereof; <br /> b. The TIF Agreement is in full force and effect and has not been modified or <br /> amended; <br /> c. The City has not commenced any action or given notice for purpose of <br /> terminating the TIF Agreement, nor has the City received any such notice <br /> from Owner, Oppidan, or any of their affiliates; <br /> d. City agrees to provide Lender copy of any notice or demand sent to Owner or <br /> Oppidan with respect to a breach of or default under the TIF Agreement at the <br /> following address: <br /> Bank OZK <br /> 8300 Douglas Avenue <br /> Suite 900 <br /> Dallas, Texas 75225 <br /> Attn: Cliffton Hill <br /> with copies to: <br /> Bank OZK <br /> 61h and Commercial <br /> P.O. Box 196 <br /> Ozark, Arkansas 72949 <br /> Attn: Regina Barker <br /> 5. No Assumption. The City acknowledges that Lender is not a party to the TIF <br /> Agreement and by accepting this Agreement does not become a party to the TIF Agreement, and <br /> specifically does not assume and shall not be bound by any obligations of Oppidan, RIO, RIO 1, <br /> RIO 2 or RIO 3 to the City under the TIF Agreement, and that Lender shall incur no obligations <br /> whatsoever to the City. <br /> 6. Successors. All rights and obligations arising out of this Agreement shall inure to <br /> the benefit of and be binding upon the respective successors and assigns of the parties hereto. <br />