Conditions Precedent to Reimbursements. Developer hereby understands and agrees that even when TIF Proceeds have begun to be collected by the UG, the UG will hold and not disburse to Developer any reimbursements for TIF Eligible Expenses from TIF Financing, unless and until the conditions precedent set forth below have been fully satisfied as determined by UG in its sole reasonable discretion:
(a) The UG has approved Certificate(s) of Expenditures for such TIF Eligible Expenses;
(b) Developer shall have completed and opened the Project; and
(c) Developer shall be in full compliance with the terms and conditions of this Agreement and shall not be in default hereunder, nor shall there be conditions, actions or omissions of Developer which will, with the passage of time, become occurrences of default hereunder.
Conditions Precedent to Reimbursements. Developer hereby understands and agrees that it shall not receive any reimbursements for Eligible Expenses from Pay-As-You- Go TDD Financing, unless and until the conditions precedent set forth below have been fully satisfied as determined by the City in its sole reasonable discretion:
(a) The City shall have accepted title to the Public Safety Site as provided in this Agreement;
(b) The costs and expenses for which Developer seeks reimbursement must in all events be Eligible Expenses;
(c) In accordance with Section 5.02 hereof, the City has approved Certificates of Expenditure for such TDD Improvements;
(d) Developer shall be in full compliance with the terms and conditions of this Agreement; and
(e) Developer shall not be entitled to any reimbursement unless and until KDOT is fully paid the KDOT Payment as set forth in Section 4.04(a) hereof.
Conditions Precedent to Reimbursements. Developer hereby understands and agrees that it shall not receive any reimbursements for Eligible Expenses from Pay-As-You- Go CID Financing unless and until the conditions precedent set forth below have been fully satisfied as determined by City in its sole reasonable discretion:
(a) City has approved Certificates of Expenditure for such CID Improvements; and
(b) Developer shall be in full compliance with the terms and conditions of this Agreement and shall not be in default hereunder, nor shall there be conditions, actions or omissions of Developer which will, with the passage of time, become occurrences of default hereunder.
Conditions Precedent to Reimbursements. Developer hereby understands and agrees that it shall not receive any reimbursements for Eligible Expenses from Pay-As-You- Go CID Financing unless and until the conditions precedent set forth below have been fully satisfied as determined by City in its sole reasonable discretion: Costs;
(a) City has approved Certificates of Expenditure for such CID Improvement
(b) Construction of the Container Store described in Section 2.01(a) shall be completed, and the Container Store shall be fully stocked and opened for business for at least one day;
(c) Construction of the Pocket Park as described in Section 2.01(f) shall be completed; and
(d) Developer shall be in full compliance with the terms and conditions of this Agreement and shall not be in default hereunder, nor shall there be conditions, actions or omissions of Developer which will, with the passage of time, become occurrences of default hereunder.
Conditions Precedent to Reimbursements. Developer hereby understands and agrees that it shall not receive any reimbursements for Eligible Expenses from Pay-As-You- Go CID Financing, unless and until the conditions precedent set forth below have been fully satisfied as determined by City in its sole reasonable discretion:
(a) Conditions to Reimbursement of CID Improvement Costs. Developer shall not receive any reimbursements for CID Improvement Costs to the extent certified, unless and until:
(i) Developer shall substantially complete the construction of that certain "corner building" identified as “Building A” on Exhibit G attached hereto;
(ii) Developer shall have completed the construction of the pedestrian amenities included in the Development Plan;
(iii) The costs and expenses for which Developer seeks reimbursement must in all events be Eligible Expenses;
(iv) In accordance with Section 4.02 hereof, City has approved Certificates of Expenditure for such CID Improvements; and
(v) Developer shall be in full compliance with the terms and conditions of this Agreement and shall not be in default hereunder, nor shall there be conditions, actions or omissions of Developer which will, with the passage of time, become occurrences of default hereunder.
Conditions Precedent to Reimbursements. Developer hereby understands and agrees that it shall not receive any reimbursements for eligible TDD Improvement Costs from Pay-As-You-Go TDD Financing for any particular Phase, unless and until the conditions precedent set forth below have been fully satisfied as determined by the City in its sole reasonable discretion for such particular Phase:
(a) The costs and expenses for which Developer seeks reimbursement must in all events be eligible TDD Improvement Costs;
(b) Developer has complied in all respects with, and is not in breach of, this Second Amended and Restated Agreement;
(c) There are no actions or omissions of Developer which with the passage of time, will become occurrences of default under this Second Amended and Restated Agreement;
(d) Upon Substantial Completion of the Minimum Improvements for Phase 1 of the Project, Developer shall have access to $21,000,000 of the TDD Cap;
(e) Upon Substantial Completion of the all remaining components of the Multi-Sport Complex – Future Phases and other Minimum Improvements for Phase 2 of the Project, Developer shall have access to the entire $40,145,000 35,000,000 TDD Cap;
(f) Pursuant to Section 4.04(e) above, upon Substantial Completion of the Minimum Improvements for Phase 1 of the Project (except for and excluding the Arena and Multi- Sport Complex), and Substantial Completion of the Minimum Improvements for Phase 2 of the Project, and Substantial Completion of at least 88,000 266,000 square feet of additional New Retail Space on or before December 31, 2026, then Developer shall have access to $21,000,000 of the TDD Cap;
(g) Developer has paid to the City all sums due and owing by and from the Developer to the City under this Second Amended and Restated Agreement or under Applicable Laws and Requirements;
(h) For each such reimbursement, the City received (along with all backup or supplementary documentation required hereunder or requested by the City) and approves a Certificate of Expenditure in accordance with this Second Amended and Restated Agreement;
(i) Developer shall not be entitled to any reimbursement unless and until KDOT is fully paid the KDOT Payment as set forth in Section 4.04(a);and
(j) Developer has, at Developer's sole expense, recorded a memorandum reflecting the terms of this Second Amended and Restated Agreement in the office of the Xxxxxxx County Records and Tax Administration as required by Section 14.16 below.
Conditions Precedent to Reimbursements. Developer hereby understands and agrees that it shall not receive any reimbursements for Eligible Expenses from Pay-As-You-Go TIF Financing, unless and until the conditions precedent set forth below have been fully satisfied as determined by City in its sole reasonable discretion:
(a) Conditions to Reimbursement of TIF Improvement Costs. Developer shall not receive any reimbursements for TIF Improvement Costs to the extent certified, unless and until:
(i) City has approved Certificates of Expenditure for such TIF Improvements;
(ii) Construction of the Improvements described in Section 2.1 shall be completed; and
(iii) Developer shall be in full compliance with the terms and conditions of this Agreement and shall not be in default hereunder, nor shall there be conditions, actions or omissions of Developer which will, with the passage of time, become occurrences of default hereunder.
Conditions Precedent to Reimbursements. Developer hereby understands and agrees that it shall not receive any reimbursements for Project Costs from Public Financing, unless and until the conditions precedent set forth below have been fully satisfied as determined by the UG in its reasonable discretion:
(a) In accordance with Section 3.8 hereof, the UG has approved Certificates of Expenditure for all such Project Costs sought to be reimbursed;
(b) Developer shall be in full compliance with the terms and conditions of this Agreement and shall not be in default hereunder, nor shall there be conditions, actions or omissions of Developer which will, with the passage of time, become occurrences of default hereunder; and
(c) The Project (or a definable portion thereof) shall be substantially complete as evidenced by a temporary certificate of occupancy therefor.
Conditions Precedent to Reimbursements. Developer hereby understands and agrees that even when TIF Proceeds and/or CID Proceeds have begun to be collected by the UG, the UG will hold and not disburse to Developer any reimbursements for TIF Eligible Expenses from Pay-Go TIF Financing or CID Eligible Expenses from Pay-As-You-Go CID Financing, unless and until the conditions precedent set forth below have been fully satisfied as determined by UG in its sole reasonable discretion:
(a) The UG has approved Certificate(s) of Expenditures for such CID Eligible Expenses and TIF Eligible Expenses as applicable to the cost being certified;
(b) Developer shall have achieved Substantial Completion of the Project; and
(c) Developer shall be in full compliance with the terms and conditions of this Agreement and shall not be in default hereunder, nor shall there be conditions, actions or omissions of Developer which will, with the passage of time, become occurrences of default hereunder.
Conditions Precedent to Reimbursements. Developer hereby understands and agrees that it shall not receive any reimbursements for Eligible TIF Expenses from Pay-As-You-Go TIF Financing, unless and until the conditions precedent set forth below have been fully satisfied as determined by City in its sole reasonable discretion:
