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as a bankrupt. <br />8.3 Fraudulent conduct by Consultant or any officer or employee of Consultant <br />relating to Consultant's obligations to City. <br />8.4 Any assignment or subcontracting by Consultant of this Agreement. <br />8.5 Any action or failure to act by Consultant that poses a conflict of interest in <br />respect to Consultant's relationship with City and/or the Project. <br />8.6 Any violation of any criminal statute, law or regulation by Consultant or its <br />members or any conviction on the part of Consultant or any key employee, officer or <br />director thereof. <br />8.7 The death, incapacity or incompetence of Arne Cook. For purposes hereof, <br />"incompetence" shall be deemed to be the inability of Arne Cook Lund to perform his <br />ordinary functions and duties for a period of sixty (60) or more consecutive days. <br />8.8 If City is dissatisfied in its sole and absolute discretion with Consultant's <br />performance of the services described herein. <br />Upon termination of this Agreement by reason of the occurrence of an Event of Default, <br />Consultant shall not be entitled to the Consulting Fee or any other amount that would otherwise be <br />payable hereunder. Upon termination of this Agreement by reason other than the occurrence of an <br />Event of Default, Consultant shall be entitled to the Consulting Fee and any other amount payable <br />hereunder prior to the date of such termination. Upon termination of this Agreement, Consultant <br />shall deliver to Owner or its nominee within five (5) business days all books, drawings, <br />specifications, documents and records with respect to the Project in its possession belonging to <br />Owner or received by Consultant on Owner's behalf pursuant to the terms of this Agreement. <br />9) Action. Any action, direction or approval on behalf of City hereunder may be taken <br />by the City Manager or Community Development Director or such other person so designated in <br />writing by City, and Consultant shall be entitled to act and rely thereupon. Any action, direction or <br />approval on behalf of Consultant hereunder may be taken by Arne Cook or such other person so <br />designated in writing by Consultant, and Owner shall be entitled to act and rely thereupon. <br />10) Notices. Any notices under this Agreement shall be in writing signed by a duly <br />authorized representative of the party giving such notice and shall be addressed to the intended <br />recipient. All notices and demands herein required shall be in writing and shall be sent by United <br />States Certified Mail return receipt requested, personal delivery, overnight courier (guaranteeing <br />next day delivery) or e-mail addressed as follows: <br />If to Consultant: Montgomery Realty Advisors, LLC <br />5408 Glengarry Parkway <br />Edina, Minnesota 55436 <br />