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17. ASSIGNMENT. The Applicant may assign its rights, obligations and <br /> responsibilities under this Agreement to a third party purchaser of all or any part of fee <br /> simple title to the Property, subject to the terms and conditions contained herein. Any <br /> such assignment shall be in writing and shall require the prior written consent of all of the <br /> Parties, such consent not to be unreasonably withheld. At the election of the School <br /> District, such consent may be conditioned upon the written agreement of t Oa ee to <br /> ah. <br /> assume all of Applicant/Assignor's duties and obligations under is • eeme nd to <br /> comply with conditions and procedures to aid in the monito i • an enfor•`ment of the <br /> assignee's performance of the Monetary Proportio gee Sh / .. i ation under this <br /> Agreement. The Assignor under such assignment s 11 fu b the Parties with a copy of <br /> the duly executed assignment, in recordable-q, a ,-,}wt in ten (10) days of the date of <br /> execution of same. The Parties fun -":gree that N assignment of this Agreement shall <br /> a <br /> be permitted where (a) th- • .pie it/Assignor has mitigated for the public school <br /> ...,� <br /> impacts of the subject Pro.':,k, -th Mo -tary Proportionate Share Mitigation payment <br /> h4 <br /> having been made, (b1( Agrer%Ent is being assigned to the purchaser of the subject <br /> sop <br /> . <br /> Property, and .F ,the as ed a onetary Proportionate Share Mitigation continues to be <br /> q, <br /> used for t e'�ib, t p-rty. Purchased Capacity Credits may not be sold, transferred <br /> t % Fhi.. <br /> or t!„..-d in . -¢Ywa •ther than as provided for under this Section. Any sale, transfer or use <br /> t. 1 <br /> '?i <br /> of Purev,,,e•, apacity Credits in violation of this Agreement shall be deemed null and <br /> void. <br /> 18. 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 /> SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — <br /> BEACH CLUB ACQUISITION,LLC AGREEMENT—DRAFT#2-5/14/2015 Page 14 of 22 <br /> 1 <br />