Conditions Precedent to Reimbursements. Developer hereby understands and agrees that it shall not receive any reimbursements for Eligible Expenses from Pay-As-You- Go TDD Financing, unless and until the conditions precedent set forth below have been fully satisfied as determined by the City in its sole reasonable discretion: (a) The City shall have accepted title to the Public Safety Site as provided in this Agreement; (b) The costs and expenses for which Developer seeks reimbursement must in all events be Eligible Expenses; (c) In accordance with Section 5.02 hereof, the City has approved Certificates of Expenditure for such TDD Improvements; (d) Developer shall be in full compliance with the terms and conditions of this Agreement; and (e) Developer shall not be entitled to any reimbursement unless and until KDOT is fully paid the KDOT Payment as set forth in Section 4.04(a) hereof.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement