Use of District Special Levies. The Parties acknowledge that the Developer will provide public infrastructure pursuant to this Agreement in reliance upon assurances that the District will make District Special Levies available for payment of Acquisition Amounts payable to the Developer and for reimbursement of costs and expenses associated with the formation of the District. As such, the District covenants and agrees that, unless required by law or unless the District has received the prior written consent of the Developer, which consent shall not be unreasonably withheld, the District shall only use the District Special Levies for purposes contemplated by this Agreement.
Use of District Special Levies. The Parties acknowledge that the Developer will provide public infrastructure pursuant to this Agreement in reliance upon assurances that the District will make District Special Levies available for payment of Acquisition Amounts payable to the Developer and for reimbursement of costs and expenses associated with the formation of the District. As such, the District covenants and agrees that, unless required by law or unless the District has each received the prior written consent of the Developer, which consent may be withheld at the Developer’s sole and absolute discretion, the District shall not (i) enter into an agreement with the City or a Participating Agency in connection with the Land, (ii) reimburse the City or a Participating Agency for providing services on the Land; (iii) incur and repay loans, except those specifically contemplated by this Agreement, (iv) fund all or a portion of the operation, maintenance and repair of public improvements installed or financed by the City or a Participating Agency, and (v) or otherwise utilize the District Special Levies for a purpose not specifically authorized by any applicable Indenture, this Agreement.
