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e e e MAR-t9-2002 13:38 61292~2663 P.22 COMMUNITY DEl! (8) YreR'! ar.8 ~er JaFHIar)' 1,2901, ana adaitiellallllllQ,QQQ eeeslRes 1l8llf'enulElaele 8KIZel't URger z.erstisR 1(13). (e) Upon commencement of eSRstRlstisR 1;y May below-I!:round excavation bv AUl!ust 1,2001 in accordance with Section 3 (b)(7), up to $225,000 of the deposit will be returned to the Developer, less "Authority Costs" incurred through May AUl!.ust I, 2001. The term Authority Costs means out-of pocket-costs incurred by the Authority from and after Julv 6, 2000 for (i) the Authority's financial advisor in connection with the Authority's financial participation in redevelopment ofilie PRase I Area Park Commons East, including without limitation all costs related to modification or establishment of any tax increment financing district, (ii) the Authority's legal counsel in cOlUlection with negotiation and drafting of this Agreement, the Contract and any related agreements or documents, and any legal services related to the Authority's financial participation in redevelopment of tAe PHase I Area Park Commons East (excluding legal costs directly related to acquisition of property in tRe PHasa I ,'&8a) Park Commons East); (jii) any consultants retained in connection preparation and approval of an EA W and ISP for ~ PllaDe I l.reB P.ark Commons East; (iv) any appraiser retained by the Authority in connection with the Authority's financial participation in the redevelopment ofilie PRaGe I IlFea Park Commons East (excluding the cost of appraisals directly related to acquisition of property in ilie PRBDe I Area) Park Commons East); and (v) consultants retained by the Authority for planning, environmental review, and traffic engineering for the PRase I AFeaPark Commons East. For the purposes of this paragraph, Authority Costs are considered to be incurred if they have been paid, relate to services performed, or are payable under a contract entered into, on or before ~ AUl!ust I, 2001. At Developer's request, but no more often than monthly, the Authority will provide Developer with a written report on current and anticipated expenditures for Authority Costs, including invoices or other comparable evidence of costs incurred for the Phase I Afea Park Commons East. (f) If Developer fails to commence eeR5WYutieR 8,' H~' belowe:round cxcavation bv AUl!ust 1, 200t in accordance with Section 3(b)(7), the entire deposit is nonrefundable (except to the extent that any amounts are refundable under Section 4(g) hereof). (g) Upon tennination of this Agreement in accordance with its telTIls prior to ~ AUl!ust 1, 200 I, the Authority will return to the Developer the balance of any funds and letters of credit deposited under this section, less any amounts that are nonrefundable under the terms of this section as of the date of receipt of the notice of termination, and less any Authority Costs incurred through the date of receipt of the notice of termination. For the purposes of this paragraph, Authority Costs are considered to be incurred if they have been paid, relate to services perfonned, or are payable under a contract entered into, on or before the date ofreceipt of the notice oftennination. Section 5, Exclusive Develooment Rights. During the term of this Agreement, the Authority agrees that it will not negotiate or contract with any other party concerning the SJll-Ut2172vl ,SA28S.40 6