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At the election of the School District, such consent may be conditioned upon the written <br />agreement of the assignee to assume all of Applicant /Assignor's duties and obligations <br />under this Agreement and to comply with conditions and procedures to aid in the <br />monitoring and enforcement of the assignee's performance of the Monetary Proportionate <br />Share Mitigation under this Agreement. The Assignor under such assignment shall <br />famish the Parties with a copy of the duly executed assignment, in recordable form, <br />within ten (10) days of the date of execution of same. The Parties further agree that an <br />assignment of this Agreement shall only be permitted where (a) the Applicant/Assignor <br />has mitigated for the public school impacts of the subject Property with Monetary <br />Proportionate Share Mitigation payment having been made, (b) this Agreement is being <br />assigned to the purchaser of the subject Property, and (c) the assigned Monetary <br />Proportionate Share Mitigation continues to be used for the subject Property. <br />20. DEFAULT. If any Party fails to perform or observe any of the material <br />terms and conditions of this Agreement for a period of thirty (30) calendar days after <br />receipt of written notice of such default from another Party, the Party giving notice of <br />default may terminate this Agreement by providing the parties with ten (10) days <br />additional written notice. Failure of any Party to exercise its rights in the event of any <br />breach by one or more other Parties shall not constitute a waiver of such rights. No Party <br />shall be deemed to have waived any failure to perform by another Party unless such <br />waiver is in writing and signed by the other Parties. Such waiver shall be limited to the <br />terms specifically contained therein. <br />21. <br />COUNTERPARTS. <br />This Agreement may <br />be executed in <br />three <br />(3) <br />counterparts, <br />each of which when <br />executed and delivered <br />shall be deemed <br />to be <br />an <br />SCHOOL BOARD /Proportionate Share Mitigation Agreement for Muse (SP3114053000892) Page 18 of 26 <br />Revised 12 -02 -2014 <br />