Common use of Payment of Development Fee Clause in Contracts

Payment of Development Fee. The Development Fee shall be paid to the Developer from capital contribution payments received by the Owner in accordance with Section 9.2(b) of the Partnership Agreement. If the Development Fee is not paid in full in accordance with Section 9.2(b) of the Partnership Agreement then the balance of the Development Fee shall be paid from available net operating income in accordance with the terms of Section 11.1 of the Partnership Agreement, but in no event later than December 31, 2019. Also, if the Development Fee is not paid in full in accordance with Section 9.2(b) of the Partnership Agreement then Owner shall be indebted to the Developer for the unpaid balance of the Development Fee ("Deferred Development Fee"). The Deferred Development Fee shall accrue interest at a rate equal to the applicable federal rate in effect as of the date of the last capital contribution payment referenced in Section 7.2 of the Partnership Agreement. The Deferred Development Fee shall be paid out of Net Operating Income pursuant to Section 11.1 of the Partnership Agreement, but the Owner shall pay to the Developer any unpaid principal and accrued interest on the thirteenth anniversary of the Completion Date. Amounts due under this Amended and Restated Development Fee Agreement may not be prepaid.

Payment of Development Fee. The Development Fee shall be paid to the Developer from capital contribution payments received by the Owner in accordance with Section 9.2(b) of the Partnership Agreement. If the Development Fee is not paid in full in accordance with Section 9.2(b) of the Partnership Agreement then the balance of the Development Fee shall be paid from available net operating income in accordance with the terms of Section 11.1 of the Partnership Agreement, but in no event later than December 31, 20192016. Also, if the Development Fee is not paid in full in accordance with Section 9.2(b) of the Partnership Agreement then Owner shall be indebted provide Developer with a note payable to the Developer for ("Development Fee Note") in a principal amount equal to the unpaid balance of the Development Fee ("Deferred Development Fee"). The Deferred Development Fee Note shall accrue interest at a rate equal to the applicable federal rate in effect as of the date of the last capital contribution payment referenced in Section 7.2 of the Partnership Agreement. The Deferred Development Fee Note shall be paid out of Net Operating Income pursuant to Section 11.1 of the Partnership Agreement, but the Owner shall pay to the Developer any unpaid principal and accrued interest on the thirteenth eleventh anniversary of the Completion Date. Amounts due under this Amended and Restated Development Fee Agreement Agreement, or a Development Fee Note, may not be prepaid.

Payment of Development Fee. The Development Fee shall be paid to the Developer from capital contribution payments received by the Owner in accordance with Section 9.2(b) of the Partnership Agreement. If the Development Fee is not paid in full in accordance with Section 9.2(b) of the Partnership Agreement then the balance of the Development Fee shall be paid from available net operating income in accordance with the terms of Section 11.1 of the Partnership Agreement, but in no event later than December 31, 20192017. Also, if the Development Fee is not paid in full in accordance with Section 9.2(b) of the Partnership Agreement then Owner shall be indebted provide Developer with a note payable to the Developer for ("Development Fee Note") in a principal amount equal to the unpaid balance of the Development Fee ("Deferred Development Fee"). The Deferred Development Fee Note shall accrue interest at a rate equal to the applicable federal rate in effect as of the date of the last capital contribution payment referenced in Section 7.2 of the Partnership Agreement. The Deferred Development Fee Note shall be paid out of Net Operating Income pursuant to Section 11.1 of the Partnership Agreement, but the Owner shall pay to the Developer any unpaid principal and accrued interest on the thirteenth eleventh anniversary of the Completion Date. Amounts due under this Amended and Restated Development Fee Agreement Agreement, or a Development Fee Note, may not be prepaid.