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measures designed to specifically benefit an Affected Jurisdiction or Public Body, the County <br />shall not give its consent to such transfer until it has first consulted with such Affected <br />Jurisdiction or Public Body regarding such transfer. Written notice of the proposed Transfer <br />Agreement shall be mailed, first-class, to the County and any Affected Jurisdiction or Public <br />Body in the matter set forth in Section 9.4 below at least forty-five ( 45) days in advance of the <br />proposed date of transfer. Failure by the County to respond within forth-five (45) days after <br />receipt of a request made by Trendwest for such consent shall be deemed to be the County's <br />approval of the Transfer Agreement in question. The County may refuse to give its consent to a <br />Transfer Agreement only ifthere is a material reason for such refusal. including without <br />limitation, (i) the transferee's failure to perfonn under a similar development agreement or (ii) a <br />failure to demonstrate adequate financial capability to perfonn the obligations proposed to be <br />assumed by such transferee. The County shall be entitled to contract at Trendwest's expense <br />with third parties to assist with a reasonable due diligence review of a proposed Transfer <br />Agreement. County determinations shall be made by the BOCC and are appealable to the <br />Kittitas County Superior Court by Trendwest or an Affected Jurisdiction or Public Body. The <br />effective date of aT ransfer Agreement that is subject of an appeal to the Kinitas County Superior <br />Court by an Affected Jurisdiction or Public Body shall not be stayed unless the AITected <br />Jurisdiction or Public Body has timely secured appropriate judicial relief enjoining such Transfer <br />Agreement from becoming effective. <br />(c) Any Transfer Agreement shall be binding on Trendwest, the County and <br />the transferee. Upon approval of a Transfer Agreement by the County, Trendwest shall be <br />released from those obligations and responsibilities assumed by the transferee therein. <br />Suncadia Master Planned Reson Development Agreement (Amended and Restated 12-02-2008) Page 51 <br />Index #32