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184 (4) The Developer will use its commercially reasonable efforts to obtain,, or cause to 185 be obtained,, in a timely manner, all required permits, licenses and approvals, and will meet, in a 186 timely manner, all requirements of all applicable local, state, and federal laws and regulations 187 which must be obtained or met before the balance of the Project may be lawfully constructed. 188 (5) Neither the execution and delivery of this Agreement,, the consummation of the 189 transactions contemplated hereby, nor the fulfillment of or compliance with the terms and 190 conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, 191 the terms,, conditions or provision of any contractual restriction, evidence of indebtedness, 192 agreement or instrument of whatever nature to which the Developer is now a party or by which it 193 is bound,, or constitutes a default under any of the foregoing. 194 (6) The Developer will cooperate fully with the City with respect to any litigation 195 commenced by a third party with respect to the Project. 196 (7) The Developer will cooperate fully with the City in resolution of any traffic, 197 parking, trash removal or public safety problems which may arise in connection with the 198 construction and operation of the Project. 199 (8) The construction of the Project shall commence no later than November 1, 2011 200 and barring Unavoidable Delays, the Project will be substantially completed by December 31, 201 2012. 202 (9) The Developer will not seek a reduction in the market value as determined by the 203 Ramsey County Assessor of the Project or other facilities that it constructs on the Development 204 Property, pursuant to the provisions of this Agreement, for so long as the TIF Note remains 205 outstanding - 1• 3873204v2 5