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io <br /> <br />Term of Memorandum of Understandine. Unless this MOU is terminated by one <br />of the parties as described below, then from and after the date of the City's and <br />County's execution and delivery ("Delivery Date" shall be the later execution <br />date) of this MOU, the parties hereto shall negotiate in good faith with the <br />objective of agreeing upon a mutually acceptable BA at the earliest practical date <br />consistent with the terms and conditions of this MOU. If the parties are unable to <br />negotiate a mutually agreeable BA (and execution thereof by all parties) within <br />one hundred eighty (180) days after the Delivery Date (unless extended in writing <br />by mutual agreement) then any party may cancel this MOU by delivering written <br />notice to the other parties, whereupon this MOU shall temfinate and be of no <br />further force or effect. In the event that at any time either prior to or after the <br />execution of the BA, Developer elects not to proceed with the Concord Mills <br />Project, Developer shall have the right to terminate the i'espective agreement(s) <br />by delivering written notice thereof to the City and County. <br /> <br />Notices. Any notice, demand or other communication which may be desired or <br />required pursuant to this MOU shall be in writing and shall be deemed given if <br />and when personally delivered, or upon delivery if sent by facsimile with a <br />confirmation of receipt, or on the second business day after being deposited in <br />United States registered or certified mail, postage prepaid, addressed to the City or <br />to Developer at the addresses set forth in Sections I.A. or I.B, respectively, of this <br />MOU, or to such other addresses as the City may or Developer may designate by <br />notice. Copies of notices to Developer shall also be given to the following <br />persons: <br /> <br />The Mills Corporation <br />1300 Wilson Boulevard <br />Arlington, Virginia 22209 <br />Attn: Mark C. Dorigan, Esquire <br />Telephone: (703) 526-5124 <br />Facsimile: (703) 526-5191 <br /> <br />and <br /> <br />Simon DeBartolo Group <br />115 West Washington Street <br />Suite 15 East <br />Indianapolis, IN 46204 <br />Arm: William R. Hammer, Esquire <br />Telephone: (3 i 7) 263-7006 <br />Facsimile: (317) 685-7221 <br /> <br /> <br />