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Friday, July 15, 2005 Section 3.5. Consultation with the Redeveloper. In view of the fact that the City will be requiring that the Redeveloper pay for all of the costs of acquisition, the Parties agree as follows: (a) The City will not institute any condemnation proceeding without the prior written assent or request of the Redeveloper (unless the City institutes a condemnation action for its own purposes and not pursuant to a Redeveloper request under Section 3.2) and will consult with the Redeveloper regarding selection of legal counsel to commence such proceeding. (b) The City agrees that it will update the Redeveloper or its legal representa- tive from time to time as to the status of any condemnation action, that it will consult with the Redeveloper regarding significant matters of strategy, and that it will obtain the Redeveloper's prior consent before making or agreeing to make any material stipulation, concession or settlement. Section 3.6. Discontinuation. (a) The City shall discontinue acquisition by condemnation of a Parcel if the Parties agree, prior to the date that title and possession have passed to the City, that due to cost, delay or other factors, the Project can proceed without that Parcel. (b) The City may discontinue acquisition by condemnation of a Parcel at any time prior to the date that title and possession have passed to the City if any of the follow- ing events occur: (I) The Redeveloper fails to make any payment to the City required by Section 3.3 or any of the events described in Section 8.l(d)(i) or (iv) occurs, (2) The Redeveloper is in default of any other provision of this Agreement and the Redeveloper fails to remedy such default within thirty (30) days of a written request by the City, or (3) The City detennines in the exercise of its reasonable iudgment that the Redeveloper's obligation to pay for the acquisition of the Parcel or to pay relocation benefits is not adequately secured, and the Redeveloper fails to provide security deemed adequate by the City within thirty (30) days of a written request by the City. (c) Upon discontinuance by the City of acquisition activities pursuant to either of subparagraphs (a) or (b) above, the Redeveloper shall promptly reimburse the City for any awards, relocation payments or discontinuance fees relating to any eminent domain proceedings pending at the time of such discontinuance and any relocation benefits that the City is subsequently required to pay based on activities which occurred prior to such discontinuance. Any such expenses borne by the Redeveloper shall be subject to reim- bursement as Eligible Project Costs. The Redeveloper shall indenmify and save the City and its Council members, officers, agents and employees harmless from and against (i) 'f'~,.." 4