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r <br /> t c <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 <br />