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1 <br /> 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 o the School <br /> Y f <br /> District, such consent may be conditioned upon the written agreement of t ';;'.'yv ee to <br /> assume all of Applicant/Assignor's duties and obligations under is ',: .eemen and to <br /> comply with conditions and procedures to aid in the monito r. 4 an enforo-ment of the <br /> assignee's performance of the Monetary Proportionyte Sh:. -•'ligation under this <br /> s,y <br /> Agreement. The Assignor under such assignment s 11 fu :s the Parties with a copy of <br /> the duly executed assignment, in recordable" . , .,wr in ten (10) days of the date of <br /> execution of same. The Parties furt t '.gree that . § assignment of this Agreement shall <br /> only be permitted where (a) the �pplial:: t/Assignor has mitigated for the public school <br /> / ', <br /> impacts of the subject Pro.:_:,. A th Monetary Proportionate Share Mitigation payment <br /> having been made, (bYt4A Agre•=10ht is being assigned to the purchaser of the subject <br /> Property, and the as <br /> Vip,..., <br /> ned'' onetary Proportionate Share Mitigation continues to be <br /> v n. <br /> used for the si , e•-rty. Purchased Capacity Credits may not be sold, transferred <br /> :.:,-,:y...4,,, %, <br /> or u^-d in a.?-1'wa sther than as provided for under this Section. Any sale, transfer or use <br /> of Pur:14¢�e..Capacity Credits in violation of this Agreement shall be deemed null and <br /> r,' <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 /> SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 14 of 22 <br />