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�� Tlie Redeveloper Izas provided the City witl�. an undertalcing u: the fan-�i of a written agreement, and witll security all reasonably acceptable to the City, w11�c11 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 i�idicatin� that, based _�� = t1�e Redeveloper's o�vn investigation, ti�e Redeveloper is satisfied in all respects with the nature and condition (en�ira��nenta� or othei-�vise} of such Parcel and accepts the sa��e AS IS and WHERE IS. �e� The Redeveloper has f�,��ished the City with written evidence acceptable to the City that it 1�as the financial ability to construct tl�� Project. f� Tl�e Tas Increment District ltas been approved and a request for certification has been made to the County Auditor. Section 3.5. Consultation with tl�e Redeveloper. Ii�. view of the fact that the City �,�rii� be requiring that the Redeveloper pay for all of tl�e costs of acquisition, the Parties agree as follows: �a� The City will not institute any conden�z�at�pt� proceeding without the pi�or written assent or request of the Redeveloper (Lenless the City institutes a condemnation action for its own purposes and x�ot pursuant to a Redeveloper request under Section 3.2) and will consult with the Redeveloper regarding selection of legal counsel to ��+i[si^��n4� such proceeding. — �b� The City agrees that it will upcEate the Redeveloper or its legal representative £�oz�� — titxle to tiz��.c as to the status of any conde��atiaz� action, �l�at it will co��st[lt with the Redeveloper — regarding si�iifica��t matters of strategy, and that it will obtain the Redeveloper's prior consent — before malcing or agreeing to a�aake a��y material stipulation, concession or settlement. Section 3.6. Disco��tiz��lation. �a� The City shall discai�tint�e acquisition by cotac�en��tion of a Parcel if :];Y Parties agree, prior to the date that title and possession k�ave passed to t��e City, that dt�e to cost, delay or other factors, tl�e Proj ect can proceed tivi�i�out that Parcel. �b� The City iliay discontinue acquisition by cvt�dez�lnatio��. of a Parcel at any tin�e prior to the date that title and possession have passed to the City if any of the following events occur: �� The Redeveloper fails to malce any payment to the City required by Section 3.3 or any of the events described in Section S.l(e}(i) or (iv) occurs, �2� The Redeveloper is in default of any other provision of t��is Agree�l�ent and the Redeveloper fails to �'e�nEdy such default within thirty (30) days of a«r�itte�� request by the City, or