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<br /> Illinois Worker's Compensation Act or Kotecki line of cases (146 Ill 2d 155, 585 NE 2d
<br /> 1023 (1991)). Provided, further, notwithstanding the foregoing, the City shall not be
<br /> liable to indemnify and hold the Redeveloper harmless from any portion of any such loss,
<br /> liability, cost or expense which results from the negligence or willful misconduct of the
<br /> Redeveloper, its officials, agents, or employees.
<br /> ARTICLE IX: PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
<br /> 9.1 Prohibition Against Transfer of Project and Project Site Prior to Completion of
<br /> Construction. The Redeveloper represents and agrees that prior to the Substantial
<br /> Completion of construction of any Phase of the Project as certified by the City (in
<br /> accordance with Sections 2.9 and 2.10 hereo� the following prohibitions and restrictions
<br /> shall apply to the transfer of the Project or that phase:
<br /> 9.1.1 Prohibitions. Except only by way of security for a mortgage, deed of trust or
<br /> other facility only for the purpose of obtaining equity or debt financing necessary
<br /> to enable the Redeveloper to construct the Project or a phase thereof, the
<br /> Redeveloper has not made or created, and wi(1 not, prior to the Substantial
<br /> Completion of construction of the Project or a phase thereof as certified by the
<br /> City, make or create, or suffer to be made or created, any total or partial sale,
<br /> assignment, conveyance, or lease, or any trust or power, or transfer in any other
<br /> mode or form of or with respect to the Agreement, the Project or a phase thereof,
<br /> the Project Site or any part thereof or any interest therein, or any contract
<br /> agreement to do any of the same, except for utility, support, ingress and egress
<br /> and similar easements, leases with Project tenants and sales or pre-sales
<br /> agreements for the residential condominium units being a part of the Project,
<br /> without the prior written approval of the City.
<br /> � 9.1.2 Conditions for Approval. The City shall be entitled to require, except as
<br /> otherwise provided in this Agreement, as conditions to any such approval
<br /> pursuant to this Section 9.1,that:
<br /> (a) Any proposed transferee shall have the qualifications and financial
<br /> responsibility and capacity, as reasonably determined by the City,
<br /> necessary and adequate to fulfill the obligations undertaken in this
<br /> Agreement by the Redeveloper (or, in the event the transfer is of or
<br /> related to part of the Project, such obligations to the extent that they
<br /> relate to such part).
<br /> (b) Any proposed transferee, by instrument in writing reasonably
<br /> satisfactory to the City and in a form recordable among the land records,
<br /> shall expressly assume all of the obligations of the Redeveloper under
<br /> this Agreement and agree to be subject to all the conditions and
<br /> restrictions to which the Redeveloper is subject (or, in the event that the
<br /> transfer is of or relates to part of the Project, such obligations, conditions
<br /> and restrictions to the extent that they relate to such part). Provided, that
<br /> the fact that any transferee of, or any other successor in interest
<br /> whatsoever to, the Project, or any part thereof, shall not have assumed
<br /> such obligations or so agreed, shall not (unless and only to the extent
<br /> otherwise specifically provided in the Agreement or agreed to in writing
<br /> City of Decatur/Slumberland Redevelopment Agreement 14
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