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9• The City has determined and resolved to appropriate the Easement Area at a price <br />to be determined by a later agreement with the BOE or, if necessary, as established by the <br />Cuyahoga County Court of Common Pleas, Probate Division. For the purposes of valuation of <br />the Site, the condition of the Site as documented and photographed by the BOE and the City <br />immediately prior to the commencement of construction shall be deemed the date of take. <br />Subject to subsequent negotiation and ability to agree, the BOE has reserved the right to contest <br />the price to be paid by the City to the BOE in an appropriate proceeding in the Cuyahoga County <br />Court of Common Pleas, Probate Division. <br />10. The City shall repair all lands outside of the Easement Area that are damaged <br />during construction of the Project to the condition existing immediately prior to such damage, <br />and subject to the BOE's reasonable approval. Further, the City will maintain the Easement <br />Area in good and sightly condition, including mowing of grass, etc. The City's obligations set <br />forth in this Paragraph 10 shall survive the termination of this Agreement. <br />11. If the City and BOE have not agreed on the price for the City's purchase of the <br />Easement Area within one hundred twenty (120) days of this Agreement, the City will <br />commence an action to appropriate the Property in the Cuyahoga County Court of Common <br />Pleas, Probate Division. <br />12. This Agreement shall, upon execution by the parties, constitute the entire <br />agreement and understanding of the parties with respect to the terms contained herein. This <br />Agreement may be modified only by a writing signed by both parties. <br />13. This Agreement shall be construed and interpreted in accordance with the laws of <br />the State of Ohio. If any term or provision is deemed invalid or unenforceable, such term or <br />provision shall be severed from the Agreement and shall not render the remaining terms and <br />provisions invalid or unenforceable. <br />14. This Agreement, and the rights granted herein by the BOE, are personal to the <br />City and shall not be assigned without the BOE's prior written consent, which consent may be <br />withheld in the BOE's sole and absolute discretion. <br />15. This Agreement shall automatically terminate upon the City's acquisition of fee <br />simple title to the Easement Area, except for those provisions that expressly survive the <br />termination of this Agreement. <br />{02096327 Al 3 <br />