Common use of Third Party Costs Defined; Obligation Clause in Contracts

Third Party Costs Defined; Obligation. Developer shall pay for and reimburse Authority/Agency 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 for the Project through the term of the Affordability Period (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, (b) post-Closing enforcement of the Regulatory Agreement, Ground Lease, or other documents for the Project (collectively, “Project Documents”), including the following: (i) commencement of, appearance in, to affect the rights or obl or defense of any action or proceeding purporting igations of the parties to any Project Documents, and (ii) all claims, demands, causes of action, liabilities, losses, commissions ified under the are indemn ncy, or City and other costs against which Authority, Age Project 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 (c) other costs incurred s post ity’s or Developer’ ts for co third party contrac e, or other er docu assistance, any oth advisory ination certificates, subord xxxxxxx related to requests for or provision of e housing documents, escrow instructions, redevelopment/affordable housing advic services necessitated by Authority’s, Agency’s, C agreements, affordable mentation, legal advice, nsulting or professional -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. Developer shall pay for and reimburse Authority/Agency Authority for all costs reasonably incurred by Authority, Agency, Authority and City for any and all out of pocket, third party costs, fees, and expenses incurred by Authority, Agency, 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, Agency, Authority or City arising from and/or related in any respect to the implementation of this Agreement or the Project Phase II from the period of time commencing upon the Closing for the Project 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) drafting, negotiation, and execution of post-Closing Implementation Agreements, if any, (b) post-Closing enforcement of the Regulatory Agreement, Ground Lease, or other documents for the Project Phase II (collectively, “Project Phase II Documents”), including the following: (i) commencement of, appearance in, to affect the rights or obl or defense of any action or proceeding purporting igations to affect the rights or obligations of the parties to any Project Phase II Documents, and (ii) all claims, demands, causes of action, liabilities, losses, commissions ified under the are indemn ncy, or City and other costs against which Authority, Age Project Authority or City are indemnified under the Phase II Documents, provided as to defense of any action which Authority, Agency, Authority or City have tendered the defense to Developer and Developer fails to defend any such action; and (cb) other costs incurred s post ity’s or Developer’ ts for co third party contrac e, or other er docu assistance, any oth advisory ination certificates, subord xxxxxxx related to requests for or provision of e estoppel certificates, subordination agreements, affordable housing documents, escrow instructions, redevelopment/advisory assistance, any other documentation, legal advice, affordable housing advic advice, or other third party contracts for consulting or professional services necessitated by Authority’s, Agency’s, C agreements, affordable mentation, legal advice, nsulting City’s or professional -Closing 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. Developer shall pay for and reimburse Authority/Agency Authority for all costs reasonably incurred by Authority, Agency, Authority and City for any and all out of pocket, third party costs, fees, and expenses incurred by Authority, Agency, 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, Agency, Authority or City arising from and/or related in any respect to the implementation of this Agreement or the Project Phase I from the period of time commencing upon the Closing for the Project Phase I through the term of the Affordability Period (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, (b) post-Closing enforcement of the Regulatory Agreement, Ground Lease, or other documents for the Project Phase I (collectively, “Project Phase I Documents”), including the following: (i) commencement of, appearance in, to affect the rights or obl or defense of any action or proceeding purporting igations to affect the rights or obligations of the parties to any Project Phase I Documents, and (ii) all claims, demands, causes of action, liabilities, losses, commissions ified under the are indemn ncy, or City and other costs against which Authority, Age Project Authority or City are indemnified under the Phase I Documents, provided as to defense of any action which Authority, Agency, Authority or City have tendered the defense to Developer and Developer fails to defend any such action; and (cb) other costs incurred s post ity’s or Developer’ ts for co third party contrac e, or other er docu assistance, any oth advisory ination certificates, subord xxxxxxx related to requests for or provision of e estoppel certificates, subordination agreements, affordable housing documents, escrow instructions, redevelopment/advisory assistance, any other documentation, legal advice, affordable housing advic advice, or other third party contracts for consulting or professional services necessitated by Authority’s, Agency’s, C agreements, affordable mentation, legal advice, nsulting City’s or professional -Closing 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.