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(c) The Redeveloper has provided the City with an undertaking in the form of a written agreement, and with security all reasonably acceptable to the City, which will assure payment by the Redeveloper of the security and payments set forth in Section 3.3. (d) The Redeveloper has furnished the City with written notice acceptable to the City indicating that, based upon the Redeveloper's own investigation, the Redeveloper is satisfied in all respects with the nature and condition (environmental or otherwise) of such Parcel and accepts the same AS IS and WHERE IS. (e) The Redeveloper has furnished the City with written evidence acceptable to the City that it has the financial ability to construct the Project. (f) The Tax Increment District has been approved and a request for certification has been made to the County Auditor. Section 3.5. Consultation with the Redeveloper. In view of the fact that the City will be requiIing 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 oflegal counsel to commence such proceeding. (b) The City agrees that it will update the Redeveloper or its legal representative 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 following events occur: (1) The Redeveloper fails to make any payment to the City required by Section 3.3 or any of the events described in Section 8. 1 (c)(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 12