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further, that EDA shall have the right, power and authority (without the necessity of obtaining the
consent of Developer to waive compliance by Developer with any of the Restrictive Covenants)
to make a determination, in its reasonable discretion, that a failure by Developer to perform or
observe any one or more of the Restrictive Covenants does not materially interfere with the
objectives of EDA with regard to the Commercial Facilities and therefore shall not give rise to a
claim for breach of such covenant.
(b) In addition to, but not in lieu of any other right or remedy available to EDA for any
failure by Developer to perform or observe any one or more of the Restrictive Covenants in any
material respect and in a manner that materially interferes with the objectives of EDA with regard
to the Commercial Facilities, EDA shall be entitled to seek injunctive relief, without necessarily
showing monetary or special damages and without posting bond or security for a bond for the
award of a permanent injunction. The violation by Developer of any of the Restrictive Covenants
as described in the preceding sentence and the exercise of any right or remedy by EDA for such
violation shall not destroy, impair or otherwise affect the lien of any recorded instrument given by
Developer to secure repayment of a loan or loans made for the purpose of providing funds for
improving the Property.
(c) The Parties recognize that the development and operation of the Property in a
manner which is in the best interest of both Parties, may from time to time require the confirmation,
clarification, amplification or elaboration of the Restrictive Covenants in order to deal adequately
with circumstances which may not now be foreseen or anticipated by the Parties. The Parties,
therefore, reserve unto themselves the right to enter into such interpretive, implementing,
amendatory or confirmatory agreements executed by both Parties from time to time as they may
deem necessary or desirable for any such purpose without obtaining the consent or approval of any
4924-8886-8988, v. 12
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