Unspecified Transportation Improvement Payments. Developer shall be obligated to pay for all unspecified transportation improvement payments under Section 18.100.075 of the Unified Development Ordinance of the City of Overland Park, Kansas as required by any of the Development Plans for the Project ("Unspecified Transportation Improvement Payments"); provided, however, that so long as Developer is not in default or breach of this Agreement, the Developer shall receive a credit against unpaid Unspecified Transportation Improvement Payments, including the payment tied to any building permit for the Minimum Improvements, in an amount equal to the sum of (x) the Engineering Payment that the City actually receives from Developer for payment of costs by Developer pursuant to Section 3.02(b)(ii) above and (y) actual amount of that portion of the Initial Perimeter Public Street Costs which was directly incurred by the City for the burying of overhead lines and which the City actually receives from the Letter of Credit or from the Developer for payment of any deficiency of such Letter of Credit. In no event shall the Developer's aggregate credits against Unspecified Transportation Improvement Payments ever exceed an amount which is equal to the lesser of Developer's Contribution or the sum of the amounts described in subparagraphs (x) and (y) above. However, any portion of such costs which has been or will be reimbursed to Developer from the Grant Funding shall not be credited against any Unspecified Transportation Improvement Payments. For purposes of clarity, in the event both (i) overhead lines are buried as part of the Initial Perimeter Public Street Improvements and
