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or all increment, attributable to Taxing Districts other <br /> than the City, distributed thereafter to such Taxing <br /> Districts, as surplus under the Act. For purposes of <br /> calculating the $5,000,000 amount for this provision, <br /> increment shall mean all increment received by the Fund, <br /> less amounts paid to the Taxing Districts and the City <br /> pursuant to Sections 1 and 2 hereof. <br /> 4. The parties hereto each agree not to commence or <br /> participate in any litigation or proceeding, in any court or <br /> tribunal, whose purpose and/or effect is or would be to <br /> challenge, contest, or question in any way the tax increment <br /> designation described herein or the subsequent <br /> implementation of the plan, or to seek to enjoin or prevent <br /> the City from approving the proposed redevelopment plan for <br /> the RPA, designating the RPA, adopting tax increment <br /> allocation financing therefor, and implementing the plan, at <br /> any time either before or after such tax increment I <br /> designation. In the event of any breach of this provision, �� <br /> which shall also constitute a material breach of this I <br /> Agreement, or the commencement of any such litigation or <br /> proceeding by any party to this agreement, the City, in <br /> addition to any other available remedies at law or in <br /> equity, shall be entitled to terminate this Agreement, in <br /> whole or in part, as to any one or more of the Taxing <br /> Districts which is or are participating in any way, whether <br /> officially or unofficially, in such breach, or in such <br /> litigation or proceeding, to obtain injunctive relief <br />