Common use of Conditions Precedent to Reimbursements Clause in Contracts

Conditions Precedent to Reimbursements. Developer hereby understands and agrees that it shall not receive any reimbursements for Eligible Expenses from Pay-As-You- Go CID Financing, unless and until the conditions precedent set forth below have been fully satisfied as determined by City in its sole reasonable discretion: (a) Conditions to Reimbursement of CID Improvement Costs. Developer shall not receive any reimbursements for CID Improvement Costs to the extent certified, unless and until: (i) Developer shall substantially complete the construction of that certain "corner building" identified as “Building A” on Exhibit G attached hereto; (ii) Developer shall have completed the construction of the pedestrian amenities included in the Development Plan; (iii) The costs and expenses for which Developer seeks reimbursement must in all events be Eligible Expenses; (iv) In accordance with Section 4.02 hereof, City has approved Certificates of Expenditure for such CID Improvements; and (v) Developer shall be in full compliance with the terms and conditions of this Agreement and shall not be in default hereunder, nor shall there be conditions, actions or omissions of Developer which will, with the passage of time, become occurrences of default hereunder.

Conditions Precedent to Reimbursements. Developer hereby understands and agrees that it shall not receive any reimbursements for Eligible Expenses from Pay-As-You- You-Go CID Financing, Financing unless and until the conditions precedent set forth below have been fully satisfied as determined by City in its sole reasonable discretion or waived in whole or in part by the City in its sole discretion: (a) Conditions to Reimbursement of CID Improvement Costs. Developer shall not receive any reimbursements for CID Improvement Costs to the extent certified, unless and until: (i) Developer shall substantially complete the construction of that certain "corner building" identified as “Building A” on Exhibit G attached hereto; (ii) Developer shall have completed the construction of the pedestrian amenities included in the Development Plan; (iii) The costs and expenses for which Developer seeks reimbursement must in all events be Eligible Expenses; (iv) In accordance with Section 4.02 hereof, : City has approved Certificates of Expenditure for such CID Improvements; and (v) and Developer has timely paid all of the installments of Pedestrian Connection Contribution which are due and payable pursuant to the terms of Section 8.02 below; Developer has completed construction of all of the Phase I Improvements; Developer shall be in full compliance with the terms and conditions of this Agreement and shall not be in default hereunder, nor shall there be conditions, actions or omissions of Developer which will, with the passage of time, become occurrences of default hereunder.. the Development Plan, showing all Improvements, has been was approved by the City (and upon such approval of the Development Planon May 1, such Development Plan be 2023 and is attached hereto as Exhibit F and deemed incorporated herein by this reference and shall entirely replace Exhibit F hereto for all purposes under this Agreement); and the Project Site, at the time of such reimbursement, is not encumbered by any lien, the enforcement or foreclosure of which could prohibit, impair, limit or otherwise reduce the ability of the City to enforce the obligations of the City against the owner thereof after such enforcement or foreclosure.]7

Conditions Precedent to Reimbursements. Developer hereby understands and agrees that it shall not receive any reimbursements for Eligible Expenses from Pay-As-You- Go CID Financing, unless and until the conditions precedent set forth below have been fully satisfied as determined by City in its sole reasonable discretion: (a) Conditions to Reimbursement of CID Improvement Costs. Developer shall not receive any reimbursements for CID Improvement Costs to the extent certified, unless and until: (i) Developer shall substantially complete the construction of that certain "corner building" identified as “Building A” on Exhibit G attached hereto; (ii) Developer shall have completed the construction of the pedestrian amenities included in the Development Plan; (iii) The costs and expenses for which Developer ▇▇▇▇▇▇▇▇▇ seeks reimbursement must in all events be Eligible Expenses; (iv) In accordance with Section 4.02 hereof, City has approved Certificates of Expenditure for such CID Improvements; and (v) Developer shall be in full compliance with the terms and conditions of this Agreement and shall not be in default hereunder, nor shall there be conditions, actions or omissions of Developer which will, with the passage of time, become occurrences of default hereunder.