Funding of Working Capital Expenses and Certain Other Payments; Permitted Development Expenses. To the extent set forth in, and subject to the terms of, this Agreement (including the Servicing Obligations), the Servicer shall, on behalf of the Manager, in turn acting on behalf of the Company (and from funds in the applicable Company Accounts), pay (or cause the applicable Sub-Servicers to so pay) applicable Working Capital Expenses and Permitted Development Expenses (including making applicable Required Funding Draws and Permitted Vertical Development Funding Draws, it being understood that the Servicing Obligations may set forth rights and limitations of the Servicer (and the Sub-Servicers) with respect to applicable decisions and rights of the Manager in connection with the making of Required Funding Draws and Permitted Vertical Development Funding Draws); provided that in each case the payment of the same is consistent with the applicable terms and conditions in the Custodial and Paying Agency Agreement and, subject to Section 5.7, the applicable terms and conditions in the LLC Operating Agreement and the other Transaction Documents. Servicer acknowledges that funds in the Company Accounts, and proceeds of Excess Working Capital Advances and Discretionary Funding Advances, shall be used exclusively as provided in (and subject to the terms of) the Custodial and Paying Agency Agreement and, subject to Section 5.7, the applicable terms of the LLC Operating Agreement and the other Transaction Documents.
