No. 2241 approving a development agreement with gameday centers Southeastern, LLC and related matters

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the Developer fails to obtain financing after efforts listed above, then the Contract shall, at the option of the Commission or the Developer, be terminated by written notice thereof to the other parry, and neither the Commission nor the Developer shall have any further rights against or liability to the other under the Contract excepting that the Commission will retain the Deposit as provided under Section III herein. C. Termination by Commission Prior to Conveyance. In the event that: a. prior to conveyance of the Property to the Developer and in violation of the Contract: i. the Developer (or successor in interest) assigns or attempts to assign the Contract or any rights therein or the Property, or ii. there is any change in the ownership of the Developer or with respect to the identity of the parties holding an ownership interest in the Developer or the degree thereof, which the Commission reasonably has refused to approve; or b. the Developer does not submit reasonably satisfactory architectural and site plans, or evidence of necessary equity capital and mortgage financing, in satisfactory form and in the manner and by the dates respectively provided in the Contract therefor; or C. the Developer does es not pay the Purchase Price and take title to the Property upon tender of conveyance by the Commission pursuant to the Contract, then the Contract and any rights of the Developer in the Contract and the Property shall, at the option of the Commission, without need of the consent of the Developer, be terminated: Provided, however, that with respect to any default or failure referred to in subdivisions (a), (b), or (c) of this Section X.C. a period of thirty (3 0) days shall be given to cure such failure or default after the date of written demand by the Commission shall be given to cure such failure or default. In the event of any default or failure referred to in the Development Agreement or in subdivisions (a) (b) or (c) of this Section X.C., which remains uncured by the Developer after notice and opportunity to cure have been provided by the Commission, the Deposit shall be retained by the Commission as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever. Other than the foregoing, neither the Developer (or successor in interest) nor the Commission shall have any further rights against or liability to the other under the Contract. D. Revestina Title in Commission upon Happening of Event Subsequent to Conveyance to Developer. If subsequent to conveying any part of the Property to the Developer and prior to the issuance of a Project Certificate of Completion regarding the Project by the Commission: