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this Agreement. <br />34. Commingling. The Escrow Agent shall hold the Reimbursement Amount in a <br />non-interest bearing account and may commningle the Reimbursement Amount with other <br />deposits or with its own funds in the manner provided for the administration of funds pursuant to <br />applicable law; provided, however, that nothing herein shall diminish the Escrow Agent's <br />obligation to apply the full amount of the Reimbursement Amount in accordance with the terms <br />of this Agreement. <br />35. Resignation of Escrow Agent. The Escrow Agent may resign its duties hereunder <br />by giving written notice of its resignation to the City, CRA and Developer at least thirty (30) <br />days prior to the date specified for such resignation to take effect. Upon the effective date of such <br />resignation, the Reimbursement Amount shall be delivered by the Escrow Agent to a successor <br />escrow agent designated in writing by the mutual agreement of the City, CRA and Developer <br />(the "Successor Escrow Agent"). The Successor Escrow Agent shall evidence its agreement to <br />comply with the obligations of the Escrow Agent herein and thereafter, it shall succeed to all of <br />the rights and obligations of the Escrow Agent hereunder. <br />36. Exhibits. The following Exhibits are attached hereto and incorporated herein by <br />this reference: <br />Exhibit A Legal Description of the Developer's Property <br />Exhibit B Legal Description of City Property and Depiction of Sidewalk <br />Exhibit C Cost Estimate of Sidewalk Construction <br />[Remainder of this page left blank. Signature pages and Exhibits follow] <br />11 <br />4833-4750-5982.722484/0281 <br />