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not limited to, instituting any legal action against culpable parties, as may be necessary to place <br />the soil and geologic conditions of the Agency, City-Transfer and Acquisition Parcels in a <br />condition suitable for the development of the Project. <br /> {}316 Preliminary_ Work by Developer <br /> <br /> The Agency and the City understand and acknowledge that Developer may desire to <br />obtain access to the Agency, City-Transfer or Acquisition Parcels as soon as practicable in order <br />to undertake testing and other work related to Developer's due diligence investigation of the <br />Project Site, and Agency and the City agree to cooperate with Developer and to use their best <br />efforts to provide access to the Agency, City-Transfer or Acquisition Parcels as and when <br />reasonably needed by Developer. Any preliminary work undertaken on any of the Agency, City- <br />Transfer or Acquisition Parcels by Developer after acquisition by the Agency but prior to <br />conveyance of title or delivery of possession to Developer shall be done only after written <br />consent of the Agency or the City, as the case may be, which shall not be unreasonably withheld, <br />conditioned or delayed and at the sole expense of Developer. Developer shall save and protect <br />the Agency and the City, as the case may be, against any claims resulting from such preliminary <br />work, access or use, and execute such documents as are customarily required by the Agency for <br />entry onto public property. The Executive Director is authorized to execute such documents for <br />Developer's entry onto property owned or possessed by the Agency without further action by the <br />Agency. Copies of data, surveys and tests obtained or made by Developer during the course of <br />said preliminary work shall be filed with the Agency within fifteen (15) days after receipt by <br />Developer. Any preliminary work by Developer shall be undertaken only after securing all <br />necessary pemdts fi:om the appropriate governmental agencies. <br /> <br /> §317 ~ <br /> <br /> Subject to the City's obligations pursuant to Section 207, the Agency agrees to assist <br />Developer in the remediation of hazardous substances on, under and from the Project Site by <br />using its authority in Article 12.5 of Chapter 4 of Part 1 of the CRL. <br /> <br /> §318 Submission of Evidence of Ea_uity Capital and Mortgage Financing <br /> <br /> If Developer finances the development of the Project and related activities with mortgage <br />financing, (i) such financing shall be subject to the approval of the Agency, which approval will <br />not be unreasonably withheld, conditioned or delayed, and (ii) no later than the time specified in <br />the Schedule of Perfomiance, Developer shall submit to the Agency evidence satisfactory to the <br />Agency that Developer has financing commitments necessary for all costs related to the <br />acquisition of the land and development of the Project. <br /> <br />Such evidence of financing shall include: <br /> <br /> A. Copies of all conditional and fimi financing commitments. Conditional <br />commitments shall not be deemed to be finn and binding commitments, but shall be subject to <br />all conditions required by the financing institutions committing same. <br /> <br /> B. Proof of acceptance of each loan commitment by Developer and proof of payment <br />of all loan commitment fees and expenses required to fund the financing commitments. <br /> <br /> C. Proof of funding or binding commitments to fund equity capital contributions, <br />reasonably satisfactory to the Agency. <br /> <br /> D:. A binding commitment to fund the difference between the amount of the equity <br />and the land acquisition, predevelopment costs, and costs of construction and related expenses. <br /> <br /> 16 <br />DOCSSFl:495065.9 <br />9975-5 NWN <br /> <br /> <br />