Common use of Redeveloper Covenants Clause in Contracts

Redeveloper Covenants. In addition to, but not limited by, any and all other covenants and agreements of the Redeveloper contained in this Agreement, the Redeveloper hereby covenants and agrees to the following (collectively, “Redeveloper Covenants”): (a) The Redeveloper shall proceed with continuity of purpose and shall use diligent efforts to obtain all Government Approvals necessary for the construction and development of the Project Improvements. The Redeveloper shall construct, improve, operate and maintain the Project Improvements in compliance with all Governmental Approvals, and other laws, ordinances, approvals, rules, regulations and requirements applicable thereto including, but not limited to, such zoning, sanitary, pollution and other environmental safety ordinances, laws and such rules and regulations thereunder as shall be binding upon the Redeveloper under Applicable Laws. (b) The Redeveloper shall (i) use diligent efforts to obtain Third Party Financing, if necessary, for the Project Improvements, and (ii) subject to the receipt of such Third Party Financing, shall begin and complete construction of the Project and the Project Improvements in accordance with the Project Schedule. All activities performed under this Agreement shall be performed in a good and workmanlike manner. For purposes of this Agreement, Third Party Financing (“Third Party Financing”) shall mean financing available from a third party on commercially reasonable terms and providing the Redeveloper a commercially acceptable return on the Project. (c) The Redeveloper shall construct the Project Improvements substantially in accordance with this Agreement, the Redevelopment Law, the Redevelopment Plan, the Governmental Approvals and all other Applicable Law. (d) The Redeveloper shall complete the Project Improvements, or cause same to be Completed, in accordance with the Project Schedule at its sole cost and expense. (e) The Redeveloper shall not discriminate against or segregate any Person, or group of Persons, on account of race, color, religion, creed, national origin, ancestry, physical handicap, age, marital status, sex or affectional preference in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Project Improvements, nor shall the Redeveloper establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use of occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Project Improvements. (f) The Redeveloper shall immediately notify the Borough of any material change in its financial condition from the information provided to the Borough by the Redeveloper that affects the Redeveloper’s financial capability to develop, finance and construct the Project Improvements. (g) The Redeveloper shall not use the Project Area, Project Improvements, or any part thereof, for which a Certificate of Completion has not been issued, in a manner that is inconsistent with the Redevelopment Plan, this Agreement and the Governmental Approvals. (h) The Redeveloper shall not use the Project Area, Project Improvements, or any part thereof, for which a Certificate of Completion has not been issued, as collateral for an unrelated transaction. (i) The Redeveloper shall promptly pay and discharge all taxes, payments in lieu of taxes, assessments and other levies imposed upon it, the Project Area and/or the Project Improvements before the same shall become in default. (j) The Redeveloper shall not enter into any lease of the Project Area, Project Improvements, or any part thereof, other than a Permitted Lease.

Redeveloper Covenants. In addition to3.1. The Redeveloper covenants and agrees as follows, but not limited byprovided, any and however that all other such covenants and agreements shall be subject to the terms of the Redeveloper contained Redevelopment Agreement and that in case of a conflict between the Redevelopment Agreement and this AgreementProject Covenant, the Redeveloper hereby covenants and agrees to terms of the following (collectively, “Redeveloper Covenants”):Redevelopment Agreement shall control: (a) The Redeveloper shall proceed with continuity of purpose and shall use reasonable diligent efforts to obtain all Applicable Government Approvals necessary for the construction and development of the Project ImprovementsRedevelopment Project. To the extent Uncontrollable Circumstances exist that in Redeveloper's reasonable business judgment would cause delay in securing all Governmental Approvals, Redeveloper may toll prosecution of any Governmental Approvals until the Uncontrollable Circumstance has been resolved. The Redeveloper shall construct, improve, operate operate, and maintain the Redevelopment Project Improvements in compliance with all Governmental Approvals, and other laws, ordinances, approvals, rules, regulations and requirements applicable thereto including, but not limited to, such zoning, sanitary, pollution and other environmental safety ordinances, laws and such rules and regulations thereunder as shall be binding upon the Redeveloper under Applicable LawsLaw. (b) The Redeveloper shall use reasonable diligent efforts to (i) use diligent efforts to obtain Third Party Financing, if necessary, financing for the Redevelopment Project, (ii) construct and develop the Redevelopment Project Improvementswith reasonable due diligence, and (iiiii) subject to the receipt terms and conditions of such Third Party Financingthis Redevelopment Agreement, shall begin use reasonable efforts to Commence Construction of and complete Complete construction of the Redevelopment Project and the Project Improvements in accordance with the Redevelopment Project Schedule, on or prior to the applicable date set forth in the Redevelopment Project Schedule or any extensions thereof (and for those items for which commencement dates only are given, such items shall be completed in a commercially- reasonable period). All activities performed under this Redevelopment Agreement shall be performed in a good accordance with the level of skill and workmanlike manner. For purposes care ordinarily exercised by reputable developers of this Agreementsimilar developments of the character, Third Party Financing (“Third Party Financing”) shall mean financing available from a third party on commercially reasonable terms scope, and providing composition of the Redeveloper a commercially acceptable return on the Redevelopment Project. (c) The Redeveloper shall construct construct, or cause same to be constructed, the Redevelopment Project Improvements substantially in accordance with the material terms of this Redevelopment Agreement, the Redevelopment Law, the Redevelopment Plan, the Governmental Approvals and all other Applicable LawLaws. The Redeveloper and the Agency acknowledge that each Party has relied on the proposed Redevelopment Project Schedule in entering into its obligations under this Redevelopment Agreement. (d) The Redeveloper shall complete use reasonable efforts to fulfill its material obligations under any and all agreements it enters into with third parties with respect to the Project Improvementsacquisition, construction, leasing, sale, financing and other matters relating to the Redevelopment Project; provided, however, that this covenant is not intended to prevent the Redeveloper from contesting the scope or nature of such obligations as and to the extent provided in such agreements or as otherwise may be available at law or in equity. (e) The Redeveloper shall use reasonable efforts to Complete, or cause same to be Completed, the Redevelopment Project, on or prior to the date set forth in accordance with the Redevelopment Project Schedule Schedule, or any extension thereof, at its sole cost and expense, subject to receipt of any Funding Sources that may be available. In the event that moneys made available pursuant to any outside source are not sufficient to pay the costs necessary to Complete the Redevelopment Project, the Redeveloper shall nonetheless be responsible for Completion of the Redevelopment Project (except for any obligation for costs associated with the remediation of environmental matters that are the responsibility of the Department of the Navy) at its expense and shall not be entitled to any reimbursement therefor from the Agency, except to the extent otherwise expressly provided in this Redevelopment Agreement or the Financial Agreement. The Redeveloper shall have three (3) years from the Effective Date to secure additional financing for the Redevelopment Project from Funding Sources. (ef) Upon Completion of Construction of any portion of the Redevelopment Project, the Redeveloper shall use reasonable efforts to obtain Certificates of Occupancy authorizing the occupancy and uses of the Redevelopment Project for the purposes contemplated hereby. (g) The Redeveloper shall not discriminate against or segregate any Personperson, or group of Personspersons, on account of race, color, religion, creed, national origin, ancestry, physical handicap, age, marital status, sex or affectional preference or gender in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Project ImprovementsRedevelopment Project, nor shall the Redeveloper itself, or any Person claiming under or through the Redeveloper, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use of and occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Project ImprovementsRedevelopment Project. (fh) The Redeveloper shall immediately notify the Borough Agency of any material change in its financial condition from the information provided to the Borough Agency by the Redeveloper that affects would adversely affect the Redeveloper’s financial capability to develop, finance and construct the Redevelopment Project Improvementsas provided herein, in furtherance of the Agency’s consideration in designating it as the Redeveloper. (gi) The ownership structure of the Redeveloper is set forth in Exhibit D to the Redevelopment Agreement. Once created, the Redeveloper may assign the Redevelopment Agreement to an Urban Renewal Entity and shall provide a description of the ownership structure of the Urban Renewal Entity upon its creation. The Redeveloper shall, at such times as the Agency may reasonably request, furnish the Agency with a complete statement subscribed and sworn to by the managing member(s) of the Redeveloper, and/or the Urban Renewal Entity, setting forth all of the ownership interests of the Redeveloper and/or the Urban Renewal Entity, or other owners of equity interests of the Redeveloper and/or the Urban Renewal Entity and the extent of their respective holdings, and in the event any other parties have a beneficial interest of greater than ten percent (10%) in the Redeveloper and/or the Urban Renewal Entity, their names and the extent of such interest(s). (j) The Redeveloper shall not use the Project Area, Project Improvementsthe Redevelopment Project, or any part thereof, for which a Certificate of Completion has not been issued, in a manner that is inconsistent with the Redevelopment Plan, Plan and this Agreement and the Governmental ApprovalsRedevelopment Agreement. (hk) The Redeveloper shall not use will cooperate with the Project AreaAgency, Project Improvements, or any part thereof, for which a Certificate of Completion has not been issuedthe Township and Xxxxxx County, as collateral for an unrelated transaction. (i) The Redeveloper shall promptly pay necessary, to facilitate the design, financing and discharge all taxes, payments in lieu of taxes, assessments and other levies imposed upon it, the Project Area and/or the Project Improvements before the same shall become in default. (j) The Redeveloper shall not enter into any lease construction of the Project AreaBypass Improvements including, Project Improvementsbut not limited to, or any part thereofparticipation in meetings regarding such issues and consideration of participation in such design, other than a Permitted Leasefinancing, and construction.

Redeveloper Covenants. In addition toThe Redeveloper covenants and agrees as follows, but not limited byprovided, any and however that all other such covenants and agreements shall be subject to the terms of the Redeveloper contained Redevelopment Agreement and that in case of a conflict between the Redevelopment Agreement and this AgreementDeclaration, the Redeveloper hereby covenants and agrees to terms of the following (collectively, “Redeveloper Covenants”):Redevelopment Agreement shall control: (a) The Redeveloper shall proceed construct the Project on the Property in accordance with continuity of purpose the Redevelopment Plan and shall use diligent efforts to obtain all Government Approvals necessary for the construction and development terms of the Project Improvements. The Redeveloper shall construct, improve, operate and maintain Redevelopment Agreement. (b) Other than to entities participating in the Project Improvements in compliance with all Governmental Approvalsand its supporting components, and other laws, ordinances, approvals, rules, regulations and requirements applicable thereto including, but not limited toto RWJBH and its affiliates, such zoningand then, sanitaryonly upon notice to the Authority, pollution and other environmental safety ordinances, laws and such rules and regulations thereunder as shall be binding upon the Redeveloper under Applicable Laws. (b) The Redeveloper shall (i) use diligent efforts to obtain Third Party Financingnot sell, if necessarylease or otherwise transfer all or any portion of the Property without the written consent of the Authority; provided, however, that a Certificate of Occupancy shall constitute written approval for the Project Improvements, and (ii) subject to the receipt sale or lease of space for which such Third Party Financing, shall begin and complete construction Certificate of the Project and the Project Improvements in accordance with the Project Schedule. All activities performed under this Agreement shall be performed in a good and workmanlike manner. For purposes of this Agreement, Third Party Financing (“Third Party Financing”) shall mean financing available from a third party on commercially reasonable terms and providing the Redeveloper a commercially acceptable return on the ProjectOccupancy has been issued. (c) The In connection with its use or occupancy of the Project, Redeveloper shall construct not effect or execute any covenant, agreement, lease, conveyance or other instrument whereby the Project Improvements substantially in accordance Property is restricted upon the basis of age, race, color, creed, religion, ancestry, national origin, sexual orientation, sex or familial status, and Redeveloper, its successors and assigns, shall comply with this Agreementall Applicable Laws prohibiting discrimination or segregation by reason of age, the Redevelopment Lawrace, the Redevelopment Plancolor, the Governmental Approvals and all other Applicable Lawcreed, religion, ancestry, national origin, sexual orientation, sex or familial status. (d) The Upon Completion of Construction, Redeveloper shall complete obtain all Governmental Approvals required authorizing the Project Improvements, or cause same to be Completed, in accordance with occupancy and uses of the Project Schedule at its sole cost and expenseProperty for the purposes contemplated hereby. (e) The Redeveloper shall not discriminate against or segregate any Person, or group of Persons, on account of race, color, religion, creed, national origin, ancestry, physical handicap, age, marital status, sex or affectional preference in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of cause the Project Improvementsto be developed, nor shall the Redeveloper establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use of occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Project Improvementsfinanced and constructed. (f) The Redeveloper shall immediately notify the Borough of any material change in its financial condition from the information provided to the Borough by the Redeveloper that affects the Redeveloper’s financial capability to develop, finance and construct the Project Improvementsconsistent with Applicable Laws, Governmental Approvals, the Redevelopment Plan, and the Redevelopment Agreement including the obligation to use commercially reasonable efforts to meet all deadlines and timeframes set forth in the Redevelopment Agreement. (g) The Redeveloper shall not encumber, hypothecate or otherwise use the Project Area, Project ImprovementsProperty, or any part thereof, thereof as collateral for which a Certificate of Completion has not been issued, in a manner that is inconsistent with any transaction unrelated to the Redevelopment Plan, this Agreement and the Governmental ApprovalsProject. (h) The Redeveloper shall not use pay, in accordance with the Project AreaRedevelopment Agreement, Project Improvementsthe Authority Costs, or the Redevelopment Fee and any part thereof, for which a Certificate of Completion has not been issued, as collateral for an unrelated transaction. (i) The Redeveloper shall promptly pay and discharge all taxes, payments in lieu of taxes, assessments and other levies imposed upon it, service charges or similar obligations owed with respect to the Project Area and/or the Project Improvements before the same shall become in defaultProject. (j) The Redeveloper shall not enter into any lease of the Project Area, Project Improvements, or any part thereof, other than a Permitted Lease.

Redeveloper Covenants. In Subject to Section 6.07 below and Redeveloper acquiring title to the Property, and in addition to, but not limited by, any and all other to covenants and agreements of the Redeveloper contained in this Agreementset forth elsewhere herein, the Redeveloper hereby covenants and agrees to that the following covenants shall be effective until the termination or expiration of the Redevelopment Agreement, but shall not survive such termination or expiration (collectively, “Redeveloper Covenants”): (a) The Redeveloper shall proceed with continuity of purpose and shall use reasonable diligent efforts to obtain all Applicable Government Approvals necessary for the construction and development of the Project ImprovementsRedevelopment Project. To the extent Uncontrollable Circumstances exist that in Redeveloper's reasonable business judgment would cause delay in securing all Governmental Approvals, Redeveloper may toll prosecution of any Governmental Approvals until the Uncontrollable Circumstance has been resolved. The Redeveloper shall construct, improve, operate and maintain the Redevelopment Project Improvements in compliance with all Governmental Approvals, and other laws, ordinances, approvals, rules, regulations and requirements applicable thereto including, but not limited to, such zoning, sanitary, pollution and other environmental safety ordinances, laws and such rules and regulations thereunder as shall be binding upon the Redeveloper under Applicable LawsLaw. (b) The Redeveloper shall use reasonable diligent efforts to (i) use diligent efforts to obtain Third Party Financing, if necessary, financing for the Redevelopment Project, (ii) construct and develop the Redevelopment Project Improvementswith reasonable due diligence, and (iiiii) subject to the receipt terms and conditions of such Third Party Financingthis Redevelopment Agreement, shall begin use reasonable efforts to Commence Construction of and complete Complete construction of the Redevelopment Project and the Project Improvements in accordance with the Redevelopment Project Schedule, on or prior to the applicable date set forth in the Redevelopment Project Schedule or any extensions thereof (and for those items for which commencement dates only are given, such items shall be completed in a commercially- reasonable period). All activities performed under this Redevelopment Agreement shall be performed in a good accordance with the level of skill and workmanlike manner. For purposes care ordinarily exercised by reputable developers of this Agreementsimilar developments of the character, Third Party Financing (“Third Party Financing”) shall mean financing available from a third party on commercially reasonable terms scope and providing composition of the Redeveloper a commercially acceptable return on the Redevelopment Project. (c) The Redeveloper shall construct construct, or cause same to be constructed, the Redevelopment Project Improvements substantially in accordance with the material terms of this Redevelopment Agreement, the Redevelopment Law, the Redevelopment Plan, the Governmental Approvals and all other Applicable LawLaws. The Redeveloper and the Agency acknowledge that each Party has relied on the proposed Redevelopment Project Schedule in entering into its obligations under this Redevelopment Agreement. (d) The Redeveloper shall complete use reasonable efforts to fulfill its material obligations under any and all agreements it enters into with third parties with respect to the Project Improvementsacquisition, construction, leasing, sale, financing and other matters relating to the Redevelopment Project; provided, however, that this covenant is not intended to prevent the Redeveloper from contesting the scope or nature of such obligations as and to the extent provided in such agreements or as otherwise may be available at law or in equity. (e) The Redeveloper shall use reasonable efforts to Complete, or cause same to be Completed, the Redevelopment Project, on or prior to the date set forth in accordance with the Redevelopment Project Schedule Schedule, or any extension thereof, at its sole cost and expense, subject to receipt of any Funding Sources that may be available. In the event that moneys made available pursuant to any outside source are not sufficient to pay the costs necessary to Complete the Redevelopment Project, the Redeveloper shall nonetheless be responsible for Completion of the Redevelopment Project (except for any obligation for costs associated with the remediation of environmental matters that are the responsibility of the Department of the Navy) at its expense and shall not be entitled to any reimbursement therefor from the Agency, except to the extent otherwise expressly provided in this Redevelopment Agreement or the Financial Agreement. The Redeveloper shall have three (3) years from the Effective Date to secure additional financing for the Redevelopment Project from Funding Sources. (ef) Upon Completion of Construction of any portion of the Redevelopment Project, the Redeveloper shall use reasonable efforts to obtain Certificates of Occupancy authorizing the occupancy and uses of the Redevelopment Project for the purposes contemplated hereby. (g) The Redeveloper shall not discriminate against or segregate any Personperson, or group of Personspersons, on account of race, color, religion, creed, national origin, ancestry, physical handicap, age, marital status, sex or affectional preference or gender in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Project ImprovementsRedevelopment Project, nor shall the Redeveloper itself, or any Person claiming under or through the Redeveloper, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use of and occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Project ImprovementsRedevelopment Project. (fh) The Redeveloper shall immediately notify the Borough Agency of any material change in its financial condition from the information provided to the Borough Agency by the Redeveloper that affects would adversely affect the Redeveloper’s financial capability to develop, finance and construct the Redevelopment Project Improvementsas provided herein, in furtherance of the Agency’s consideration in designating it as the Redeveloper. (gi) The ownership structure of the Redeveloper is set forth in Exhibit D hereto. Once created, the Redeveloper may assign this Agreement to the Urban Renewal Entity and shall provide a description of the ownership structure of the Urban Renewal Entity. The Redeveloper shall, at such times as the Agency may reasonably request, furnish the Agency with a complete statement subscribed and sworn to by the managing member(s) of the Redeveloper, and/or the Urban Renewal Entity, setting forth all of the ownership interests of the Redeveloper and/or the Urban Renewal Entity, or other owners of equity interests of the Redeveloper and/or the Urban Renewal Entity and the extent of their respective holdings, and in the event any other parties have a beneficial interest of greater than ten percent (10%) in the Redeveloper and/or the Urban Renewal Entity, their names and the extent of such interest(s). (j) The Redeveloper shall not use the Project Area, Project Improvementsthe Redevelopment Project, or any part thereof, for which a Certificate of Completion has not been issued, in a manner that is inconsistent with the Redevelopment Plan, Plan and this Agreement and the Governmental ApprovalsRedevelopment Agreement. (hk) The Redeveloper shall not use will cooperate with the Project AreaAgency, Project Improvements, or any part thereof, for which a Certificate of Completion has not been issuedthe Township and Xxxxxx County, as collateral for an unrelated transaction. (i) The Redeveloper shall promptly pay necessary, to facilitate the design, financing and discharge all taxes, payments in lieu of taxes, assessments and other levies imposed upon it, the Project Area and/or the Project Improvements before the same shall become in default. (j) The Redeveloper shall not enter into any lease construction of the Project AreaBypass Improvements including, Project Improvementsbut not limited to, or any part thereofparticipation in meetings regarding such issues and consideration of participation in such design, other than a Permitted Leasefinancing and construction.

Redeveloper Covenants. In addition to, but not limited by, any and all other covenants and agreements of the Redeveloper contained in this Agreement, the Redeveloper hereby covenants and agrees to the following (collectively, “Redeveloper Covenants”): (a) The Redeveloper shall proceed with continuity of purpose and shall use diligent efforts to obtain all Government Approvals necessary for the construction and development of the Project Improvements. The Redeveloper agrees that the plans submitted to the Planning Board and/or other governmental agencies, bodies or boards having jurisdiction over the Project Improvements shall be substantially consistent with the Site Plan. The Redeveloper shall construct, improve, operate and maintain the Project Improvements in compliance with all Governmental Approvals, and other laws, ordinances, approvals, rules, regulations and requirements applicable thereto including, but not limited to, such zoning, sanitary, pollution and other environmental safety ordinances, laws and such rules and regulations thereunder as shall be binding upon the Redeveloper under Applicable Laws. (b) The Redeveloper shall (i) use diligent efforts to obtain Third Party Financing, if necessary, for the Project Improvements, and (ii) subject to the receipt of such Third Party Financing, shall begin and complete construction of the Project and the Project Improvements in accordance with the Project Schedule. All activities performed under this Agreement shall be performed in a good and workmanlike manner. For purposes of this Agreement, Third Party Financing (“Third Party Financing”) shall mean financing available from a third party on commercially reasonable terms and providing the Redeveloper a commercially acceptable return on the Project. (c) The Redeveloper shall construct the Project Improvements substantially in accordance with this Agreement, the Redevelopment Law, the Redevelopment Plan, the Governmental Approvals and all other Applicable Law. (d) The Redeveloper shall complete the Project Improvements, or cause same to be Completed, in accordance with the Project Schedule at its sole cost and expense. (e) The Redeveloper shall not discriminate against or segregate any Person, or group of Persons, on account of race, color, religion, creed, national origin, ancestry, physical handicap, age, marital status, sex or affectional preference in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Project Improvements, nor shall the Redeveloper establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use of occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Project Improvements. (f) The Redeveloper shall immediately notify the Borough of any material change in its financial condition from the information provided to the Borough by the Redeveloper that affects the Redeveloper’s financial capability to develop, finance and construct the Project Improvements. (g) The Redeveloper shall not use the Project Area, Project Improvements, or any part thereof, for which a Certificate of Completion has not been issued, in a manner that is inconsistent with the Redevelopment Plan, this Agreement and the Governmental Approvals. (h) The Redeveloper shall not use the Project Area, Project Improvements, or any part thereof, for which a Certificate of Completion has not been issued, as collateral for an unrelated transaction. (i) The Redeveloper shall promptly pay and discharge all taxes, payments in lieu of taxes, assessments and other levies imposed upon it, the Project Area and/or the Project Improvements before the same shall become in default. (j) The Redeveloper shall not enter into any lease of the Project Area, Project Improvements, or any part thereof, other than a Permitted Lease. (k) Within 30 days of the Redeveloper’s mortgage closing for the Project, the Redeveloper shall cause to be remitted to the general revenues account of the Borough such sums as are required for professional escrows and redevelopment fees per Ordinance No. 1928-17 adopted November 21, 2017, regarding the Establishment of Professional Escrow and Payment of Redevelopment Fees, for general administrative, staff and review expenses. (l) The Redeveloper shall use its best efforts to on its own, or through an affiliate, develop a supermarket of approximately 35,000 square feet (the “Supermarket”) on a portion of the adjacent property, Lots 10 in Block 349 and commonly known as 000 Xxxxxxx Xxxx. The Redeveloper shall use its best efforts to develop such supermarket so that it will be open for business on or before 18 months from the execution of a financial agreement concerning same with the Borough. (m) The Redeveloper shall use its best efforts to establish a shuttle or ride sharing service for residents of the Project for transportation to the train station.