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IV. EFFECT OF THIS MEMORaX. NDUM OF UNDERSTANDING <br /> <br /> Notwithstanding any other provisions of this MOU, the City, County, <br />Tourism Authority and Developer expressly acknowledge and agree as follows: <br /> <br /> This is a memorandum of understanding only, and is not a <br />definitive agreement relating to any of the matters described herein. Excel~t for <br />the obligations of the City, County, Tourism Authority and Developer to negotiate <br />in good faith the terms of the BA and except for the agreement of the City, <br />County and Tourism Authority that the Economic Incentive Program is intended <br />to induce the Developer to locate the Project in the City and to substantially assist <br />and encourage the Developer with economic incentives to locate and construct the <br />Project in the City as more fully detailed in the BA as duly authorized and <br />approved by the City, the County, the Tourism Authority and the Developer, as <br />applicable. Notwithstanding any provision of this MOU to the contrary, <br />Developer acknowledges and agrees: (i) that this MOU does not obligate the citY <br />and County or in any way to approve, in whole or in part, any of the matters <br />described in this MOU; (~0 that all such matters shall be considered and processed <br />by the City and County, as applicable, in accordan~ with all otherwise applicable <br />requirements and procedures; and (iii) that the City and County reserve all rights <br />to approve, disapprove or approve with conditions all such matters in its <br />reasonable discretion, subject to the City's and County's obligation as set forth in <br />this MOU to consider such matters and to negotiate the BA in good faith using <br />their best efforts. This MOU shall be (~) null and void and of no effect in the <br />event this MOU is terminated in accordance with Section I.D. of this MOU, and <br />(ii) superseded by the terms and conditions of this MOU. <br /> <br />[SIGNATURE PAGE TO FOLLOW] <br /> <br />Filename - S:\Platmin g'uMO U-Marriott <br /> <br />-9- <br /> <br />Revised 09/10~ <br /> <br /> <br />