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i <br /> 1 <br /> 3 <br /> 1 <br /> 3. Developer's Release. Developer hereby releases and discharges Commission as <br /> of the Termination Date from any and all liability and obligations of Commission to Developer <br /> under or arising from the Development Agreement, excepting only the obligation of Commission <br /> to fulfill the terms and conditions of this Termination Agreement. This release shall be deemed <br /> i to constitute a release by Developer of the Commission and Commission's agents, contractors <br /> and employees from any and all liability, in contract or in tort, at law or in equity, and shall apply <br /> to any and all claims that Developer might have against Commission in any manner arising at <br /> any time (in the past, present or future, known or unknown) related to the Development <br /> Agreement or the LaSalle Property, except as expressly provided to the contrary in this <br /> Termination Agreement. <br /> 4. Termination Date. For purposes of this Termination Agreement, the Termination <br /> Date shall be November , 2014. <br /> 5. Binding Agreement. The covenants and agreements contained in this <br /> I Termination Agreement shall be binding upon and inure to the benefit of the parties hereto, their <br /> 1 respective successors and assigns. <br /> 6. Default. In the event of any default of any party under this Termination <br /> Agreement, the defaulting party shall pay to the non-defaulting party all expenses, costs and <br /> 1 other liabilities, including, without limitation, reasonable attorneys' fees, which such party may <br /> incur in enforcing this Termination Agreement or as a result of such default. <br /> 7. Counterpart Copies. This Termination Agreement may be signed in one or more <br /> counterparts, and each fully executed set of counterparts shall be a fully executed original of the <br /> Termination Agreement. <br /> i <br /> i <br /> I <br /> 1 <br /> I <br /> t <br /> I <br /> Us.55128899.02 -2 <br /> A <br />