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.R <br /> i <br /> to prevent or overcome. Should any of the foregoing occur,the parties hereto agree to proceed with <br /> diligence to do what is reasonable and necessary,so that each party may perform its obligations under this <br /> Agreement. <br /> 35. Non-Agency. It is agreed that ADM is not an agent of the City and shall not incur any <br /> i <br /> costs or expenses on behalf of the City,and that the City is not an agent of ADM and shall not incur any <br /> costs or expenses on behalf of ADM. <br /> 36. Default. If,before or at the Closing,either party in default with respect to,breaches or <br /> fails to perform one or more.of the representations,covenants warranties or other terms of this Agreement, <br /> and such default,breach or failure is not cured or corrected within fifteen(15)"business days after receipt of <br /> written notice thereof given by the other party,the other party shall be entitled to(i)terminate this <br /> Agreement,(ii)sue for specific performance,and(iii)pursue any and all remedies available at law or in <br /> the equity,including without limitation,recovery of the actual costs incurred in.connection with the <br /> transaction contemplated in this.Agreement. <br /> 37. Storaee Areas.The City shall have the non-exclusive right to use, without fee,those <br /> storage areas and structures described on Part 1 of Exhibit H attached hereto andmade apart hereof,in <br /> the same manner as such storage areas and structures are currently being used by the City,for a period of <br /> two (2)years following Closing;provided,however,that the City's use of such storage areas and <br /> structures shall not unreasonably interfere with ADM's intended use of the North Plant;,and further <br /> provided,that any damage or loss caused by the City's use of such storage areas and structures shall be <br /> for-the account of the City.Beginning not less than sixty(60)days prior to the conclusion of such two(2) <br /> year period,ADM and the City shall negotiate in good faith with respect to the City's right,to use such <br /> storage areas and`structures,if auy,upon tha conclusion 6f tidh two-(2)year period.T56e-City s -f - ave <br /> the non-exclusive right to use,without fee,those storage areas and structures described on Part 2 of <br /> Exhibit H attached hereto and made a part hereof, in the same manner as such storage=as and <br /> structures are currently being used by the City, for a reasonable time period,not to exceed ninety(90) <br /> i <br />