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the Developer, any lessee, or any other successor in interest or assign defaults or breaches the covenants of SECTION VI of the Contract or Section III of the Deed, and 2. the right, remedy or control relates to such default or breach. B. Form of Certification. The Certificate provided for in this SECTION V shall be in such form as to be recordable in the St. Joseph County Recorder's Office. C. Refusal or Failure to Provide Certificate. If the Commission refuses or fails to provide the Certificate within thirty (30) days after the Developer's written request, the Commission shall provide the Developer with a written statement indicating how the Developer failed to comply with the provisions of this Contract and giving the measures necessary, in the Commission's opinion, for the Developer to take in order to obtain such Certificate. SECTION VI. RESTRICTIONS UPON USE OF PROPERTY. Developer agrees, and the Deed shall state, that during the Funding Period (as defined in SECTION VII below), it will: (1) devote the Property only to uses described in the Site Plan, and (2) not discriminate on the basis of race, color, creed, sex or national origin in the sale, lease, rental, use or occupancy of the Property. In addition, Developer agrees to require application of these restrictions in any document transferring an interest in the Property to a third party during the Funding Period. SECTION VII. TAX ABATEMENT. The Commission shall recommend approval of and support the granting of a five (5) year real property tax abatement with respect to all eligible investment in real property improvements to be undertaken by Developer with respect to the Project. For purposes of this Contract, the "Funding Period" is the period starting at the execution of this Contract and ending at the expiration of any tax abatement granted to Developer with respect to the Property. dms.us.53213138.03 5