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. ' <br /> .� <br /> � <br /> �0 <br /> � by the City) relieve or except such transferee or successor of or from <br /> � such obligations, agreements, conditions, or restrictions, or deprive or <br /> � limit the City of or with respect to any rights or remedies or controls with <br /> � <br /> � respect to the Project or the construction thereof; it being the intent of <br /> � this, together with other provisions of this Agreement, that (to the fullest <br /> *+ extent permitted by law and equity and excepting only in the manner and <br /> � to the extent specifically provided otherwise in this Agreement) no <br /> � transfer of the Project or Project Site or any part thereof, or any interest <br /> � therein, however consummated or occurring, and whether voluntary or <br /> 0 involuntary, shall operate legally or practically, to deprive or limit the <br /> � City of any rights or remedies or controls regarding the Project and the <br /> construction thereof that the City would have had, had there been no <br /> such transfer. <br /> (c) There shall be submitted to the City for review all instruments and other <br /> legal documents involved in effecting the transfer. <br /> (d) The Redeveloper and its transferee shall comply with such other <br /> reasonable conditions as the City may find desirable in order to achieve <br /> and safeguard the purposes of this Agreement. <br /> (e) The consideration payable for the transfer or assignment by the <br /> transferee or assignee or on its behalf shall not exceed an amount <br /> representing the actual cost (including carrying charges) to the <br /> Redeveloper of the Project (or allocable part) and the purpose of this <br /> provision is to preclude assignment of this Agreement or transfer of the <br /> Project or the Project Site (or any parts thereo fl for pecuniary gain or <br /> profit prior to Substantial Completion of the Project and to provide that <br /> in the event any such assignment or transfer is made (and is not <br /> cancelled),the City shall be entitled to increase the purchase price of the <br /> Project Site to the Redeveloper by the amount that the consideration <br /> payable for the assignment or transfer is in excess of the amount that <br /> may be authorized pursuant to this Section 9.1.2(e) and such <br /> consideration shall, to the extent it is in excess of the amount so <br /> authorized, belong to and forthwith be paid to the City at the same time <br /> as or prior to the transfer. <br /> 9Z Transfer of Project After Completion of Construction. After Substantial Completion <br /> of construction of the Project as certified by the City(in accordance with Sections 2.9 and <br /> 2.10 hereo fl, the Redeveloper(and any subsequent Owner of a Phase or any part thereo� <br /> may transfer the Project (or any portion thereofl without the consent of the City by <br /> instrument in writing reasonably satisfactory to the City, and in a form recordable among <br /> the land records, pursuant to which the transferee shall expressly assume with regard to <br /> the Phase (or any portion thereo fl all of the obligations of the Redeveloper under this <br /> Agreement and agree to be subject to all the conditions and restrictions to which the <br /> Redeveloper is subject with regard to the Project or any portion thereo£ Provided, that <br /> the fact that any transferee of, or any other successor in interest whatsoever to, the Phase <br /> (or any portion thereo�, shall not have assumed such obligations or so agreed, shall not <br /> (unless and only to the eatent otherwise specifically provided in the Agreement or agreed <br /> to in writing by the City) relieve or except such transferee or successor of or from such <br /> City of Decatur/Slumberland Redevelopment Agreement 15 <br />