Third Party Costs Defined; Obligation. Developer shall pay for and reimburse Authority for all costs reasonably incurred by Authority and City for any and all out of pocket, third party costs, fees, and expenses incurred by Authority or City (but not in-house staff time) for attorneys, economic consultants, appraisers, engineers, affordable housing consultants, escrow company fees, title company fees, and other consulting and/or professional services incurred by Authority or City arising from and/or related in any respect to the implementation of this Agreement or Phase II from the period of time commencing upon the Closing for Phase II through the term of the Affordability Period (together, “Third Party Costs”). The Third Party Costs may include costs incurred in connection with (a) post-Closing enforcement of the Regulatory Agreement, Ground Lease, or other documents for Phase II (collectively, “Phase II Documents”), including the following: (i) commencement of, appearance in, or defense of any action or proceeding purporting to affect the rights or obligations of the parties to any Phase II Documents, and (ii) all claims, demands, causes of action, liabilities, losses, commissions and other costs against which Authority or City are indemnified under the Phase II Documents, provided as to defense of any action which Authority or City have tendered the defense to Developer and Developer fails to defend any such action; and (b) other costs incurred related to requests for or provision of estoppel certificates, subordination agreements, affordable housing documents, escrow instructions, advisory assistance, any other documentation, legal advice, affordable housing advice, or other third party contracts for consulting or professional services necessitated by Authority’s, City’s or Developer’s post-Closing implementation of this Agreement, and/or requested by Developer, and/or its Lender or other independent contractor or consultant to Developer post-Closing arising from or related in any manner to this Agreement.
Third Party Costs Defined; Obligation. Exclusive of specific, eligible Remediation Costs and acquisition costs to be reimbursed by Authority, Developer shall pay for and reimburse Authority for all costs reasonably incurred by Authority, Agency, and City for any and all out of pocket, third party costs, fees, and expenses incurred by Authority, Agency, or City (but not in-house staff time) for attorneys, economic consultants, appraisers, engineers, affordable housing consultants, escrow company fees, title company fees, and other consulting and/or professional services incurred by Authority, Agency, or City arising from and/or related in any respect to the implementation of this Agreement or the Project from the period of time commencing upon the Closing through the term of the Affordability Period (together, “Third Party Costs”). The Third Party Costs may include costs incurred in connection with (a) enforcement of the Authority Loan Documents or other Project documents, including the following: (i) commencement of, appearance in, or defense of any action or proceeding purporting to affect the rights or obligations of the parties to any Authority Loan Document or other Project documents, and (ii) all claims, demands, causes of action, liabilities, losses, commissions and other costs against which Authority, Agency, or City are indemnified under the Authority Loan Documents, provided as to defense of any action which Authority, Agency, or City have tendered the defense to Developer and Developer fails to defend any such action; and (b) other costs incurred related to requests for or provision of estoppel certificates, subordination agreements, affordable housing documents, escrow instructions, advisory assistance, any other documentation, legal advice, redevelopment/affordable housing advice, or other third party contracts for consulting or professional services necessitated by Authority’s, Agency’s, or City’s or Developer’s implementation of this Agreement, and/or requested by Developer, and/or its Lender or other independent contractor or consultant to Developer arising from or related in any manner to this Agreement.
Third Party Costs Defined; Obligation. Developer shall pay for and reimburse Authority for all costs reasonably incurred by Authority, Agency, and City for any and all out of pocket, third party costs, fees, and expenses incurred by Authority, Agency, or City (but not in-house staff time) for attorneys, economic consultants, appraisers, engineers, affordable housing consultants, escrow company fees, title company fees, and other consulting and/or professional services incurred by Authority, Agency, or City arising from and/or related in any respect to the implementation of this Agreement or either Project from the period of time commencing upon the Closing for each Project through the term of the Affordability Period for such Project (together, “Third Party Costs”). The Third Party Costs may include costs incurred in connection with (a) drafting, negotiation, and execution of post-Closing Implementation Agreements, if any,
Third Party Costs Defined; Obligation. Developer shall pay for and reimburse Authority for all costs reasonably incurred by Authority, Agency, and City for any and all out of pocket, third party costs, fees, and expenses incurred by Authority, Agency, or City (but not in-house staff time) for attorneys, economic consultants, appraisers, engineers, affordable housing consultants, escrow company fees, title company fees, and other consulting and/or professional services incurred by Authority, Agency, or City arising from and/or related in any respect to the implementation of this Agreement or either Project from the period of time commencing upon the Closing for each Project through the term of the Affordability Period for such Project (together, “Third Party Costs”). The Third Party Costs may include costs incurred in connection with (a) drafting, negotiation, and execution of post-Closing Implementation Agreements, if any,
