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<br />Adv. Paymt. - Amt. of Adv. Paymt. Allocable to Agreed Chg. Rt. <br />x 2,000 = <br />Actual Chg. Rt. <br />Add'1. Sq. Ft. Allocable to Actual Chg. Rt. <br /> <br />$327/500 - $163/750 x 2/000 = 23,393 sq. ft. <br />$14,000 <br /> <br />Thus, Flatirons would be entitled to construct a total of 48,393 square feet <br />(25,000 + 23,393) as the result of the Advance Payment. <br /> <br />(d) <br /> <br />Except as otherwise' expressly provided in this Section 9, Section 12, <br /> <br />Section 13, and Section 14, neither City nor City through District may in connection <br /> <br />with the development, construction, use or operation of the Project on the Property <br /> <br />impose on Flatirons any new Exaction or any increase in any existing Exaction, <br /> <br />either absolutely or by changing any existing formula for escalation or <br /> <br />(e) <br /> <br />During the term of this Agreement, the only increased or new <br /> <br /> <br />determination of the Exaction or by altering the basis for computation or <br /> <br />determination of the Exaction. <br /> <br />Exactions City or City through District may impose on Flatirons other than the <br /> <br />Facilities Fees paid pursuant to this Section 9 are: <br /> <br />(i) <br /> <br />Those fees listed on Exhibit E to this Agreement, which is <br /> <br />incorporated herein by this reference; <br /> <br />(ii) <br /> <br />Exactions not in conflict with this Agreement; <br /> <br />(iii) <br /> <br />Exaçtions that are mandated or assessed by any governmental <br /> <br />agency other than City or City through District and imposed or <br /> <br />collected through City for that governmental agency; and <br />/ <br /> <br />-26- <br /> <br />DV AGR0'3.rxJC <br />August 26, 1996 <br />