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of such insurance shall be used to pay the costs of repairing, restoring, or rebuilding the loss or <br />damage to the Property occasioning the payment of such proceeds; and <br />(b) The Company shall commence the repair, restoration or rebuilding of the <br />Property within four (4) months after any damage or destruction, and diligently pursue the same to <br />completion. <br />Section 3. Representations of Company. The Company hereby represents, warrants <br />and covenants to the Village that it has full power and authority to perform its obligations under this <br />Agreement; and that the signing, delivery and performance of this Agreement and all documents <br />contemplated hereby have been duly and effectively approved and authorized by all necessary <br />action. The Company agrees that this Agreement is binding upon it, and its successors and assigns, <br />in accordance with its terms, and that this Agreement upon its signing is a legal, valid and binding <br />obligation of the Company. <br />Section 9. Successors. This Agreement shall be binding upon the Company and its <br />successors and assigns. No provision of this Agreement is intended to or shall be merged by reason <br />of any deed transferring title to the Property or any part of the Property to any successor in interest <br />of the Company, and any such deed shall not be deemed to affect or impair the provisions and <br />covenants. of this Agreement. <br />Section 10. Remedies. Except as otherwise provided in this Agreement, in the event <br />of breach of this Agreement or .any of its terms by the Company, the Company shall upon written <br />notice from the Village, proceed promptly to remedy such breach. In case such remedial action is <br />not taken or not diligently pursued within thirty (30) days of such written notice, the Village may <br />institute such proceedings at law or in equity as may be necessary or desirable in its opinion to <br />remedy such breach. <br />-7- <br />