Common use of Cost Breakdown Clause in Contracts

Cost Breakdown. (a) Lender will make disbursements of the Loan based on a detailed breakdown (a "Cost Breakdown" and projected disbursement release schedule) of construction, financing and other development costs, as more fully described in the attached Exhibit C, which shall be submitted to, and approved --------- prior to the initial disbursement of the Loan. (b) The Cost Breakdown restricts disbursements to line items in cost categories. Lender acknowledges that the Cost Breakdown includes funds and disbursements which cover a mutually agreed upon amount of Nation's and Borrower's reasonable legal fees in connection with the negotiation and preparation of this Agreement, the other Loan Documents and the Transactional Documents, and projected costs of efforts to obtain BIA and Commission approval thereof. Borrower agrees to use disbursements solely in conformity with the Cost Breakdown. If the Facility cannot be completed in strict conformity with the most recently approved Cost Breakdown, Borrower must submit immediately to Lender for its approval a revised Cost Breakdown. In the revised Cost Breakdown, Borrower must identify requested changes in any line items and provide a written statement of reasons for the changes. If further changes are required, Borrower must seek Lender's approval. Lender need make no further disbursements unless and until it approves the revised Cost Breakdown as provided, which approval (or the denial thereof) shall be in Lender's reasonable discretion; provided, however that, Lender shall approve all revised Cost Breakdowns necessitated as a consequence of Consultant's default or breach of its obligations under Section 3(ii) of the Construction and Development Agreement so long as the aggregate costs specified in such revised Cost Breakdown do not exceed $9,000,000. The most recently approved Cost Breakdown supersedes all previously approved Cost Breakdowns.

Cost Breakdown. (a) Lender will make disbursements of the Loan based on a detailed breakdown (a "Cost Breakdown" and projected disbursement release schedule) of construction, financing and other development costs, as more fully described in the attached Exhibit C, which shall be submitted to, and approved --------- by, Lender prior to the initial disbursement of the Loan. (b) The Cost Breakdown restricts disbursements to line items in cost categories. Lender acknowledges that the Cost Breakdown includes funds and disbursements which cover a mutually agreed upon amount of Nation's and Borrower's reasonable legal fees in connection with the negotiation and preparation of this Agreement, the other Loan Documents and the Transactional Transaction Documents, and projected costs of efforts to obtain BIA and Commission approval thereof. Borrower agrees to use disbursements solely in conformity with the Cost Breakdown. If the Facility cannot be completed in strict conformity with the most recently approved Cost Breakdown, Borrower must submit immediately to Lender for its approval a revised Cost Breakdown. In the revised Cost Breakdown, Borrower must identify requested changes in any line items and provide a written statement of reasons for the changes. If further changes are required, Borrower must seek Lender's approval. Lender need make no further disbursements unless and until it approves the revised Cost Breakdown as provided, which approval (or the denial thereof) shall be in Lender's reasonable discretion; provided, however that, Lender shall approve all revised Cost Breakdowns necessitated as a consequence of Consultant's default or breach of its obligations under Section 3(ii) of the Construction and Development Agreement so long as the aggregate costs specified in such revised Cost Breakdown do not exceed $9,000,000. The most recently approved Cost Breakdown supersedes all previously approved Cost Breakdowns.

Cost Breakdown. (a) Lender will Bank shall make disbursements of the Loan based on a detailed breakdown (a "Cost Breakdown" and projected disbursement release schedulecost breakdown") of construction, financing and other development costscosts for the Improvements, as more fully described in the attached Exhibit CD. The initial cost breakdown, which shall be submitted to, prepared by Borrower and approved --------- prior to the initial disbursement of the Loanby Bank, is attached as Exhibit D-1. (b) The Cost Breakdown cost breakdown restricts disbursements to line items in cost categories. Lender acknowledges that the Cost Breakdown includes funds and disbursements which cover a mutually agreed upon amount of Nation's and Borrower's reasonable legal fees in connection with the negotiation and preparation of this Agreement, the other Loan Documents and the Transactional Documents, and projected costs of efforts to obtain BIA and Commission approval thereof. Borrower agrees to use disbursements solely in conformity with the Cost Breakdowncost breakdown. If the Facility Improvements cannot be completed in strict conformity with the most recently approved Cost Breakdowncost breakdown, Borrower must shall immediately submit immediately to Lender Bank for its approval a revised Cost Breakdowncost breakdown in the form attached as Exhibit D-2. In the The revised Cost Breakdown, Borrower must cost breakdown shall identify Borrower's requested changes in any line items and provide a shall be accompanied by Borrower's written statement of reasons for the changes. Borrower shall execute such documentation and provide such endorsements to Bank's title insurance policy as Bank may reasonably require in connection with the revised cost breakdown. If further changes are required, Borrower must shall seek LenderBank's approval, following the procedures described above. Lender Bank need make no further disbursements as to the changing line items unless and until it approves the revised Cost Breakdown as provided, which approval (cost breakdown. Bank reserves the right to approve or the denial thereof) shall be disapprove any cost breakdown in Lender's its reasonable discretion; provided, however that, Lender shall approve all revised Cost Breakdowns necessitated as a consequence of Consultant's default or breach of its obligations under Section 3(ii) of the Construction and Development Agreement so long as the aggregate costs specified in such revised Cost Breakdown do not exceed $9,000,000judgment. The most recently approved Cost Breakdown cost breakdown supersedes all previously approved Cost Breakdownscost breakdowns.