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<br />(ix) Payments to the Developer for the following: development fee not to <br />exceed the sum of (a) 5% of Total Development Costs with respect to the leased portion <br />of the Jackson Block Commercial Project, (b) 12% of development costs approved by the <br />Minnesota Housing Finance Agency with respect to the Jackson Block Housing Project, <br />market rate leasing commissions on the Jackson Block Housing Project and the Jackson <br />Block CommerCial Project and other similar fees, all of which shall be of a nature and <br />amount which is standard in the industry; <br /> <br />(x) Governmental fees, including park dedication, permit, license and utility <br />hook-up charges, SAC and WAC, to the extent not reduced or reimbursed; <br /> <br />(6) Ta..'{es and insurance premiums during the construction period, including special <br />assessments; <br /> <br />(7) Financing fees and financing interest during the construction period; <br /> <br />(8) .Amounts paid or payable to equity providers, other than Affiliates, regardless of <br />whether paid as interest, profit participation, preferred return, loan guaranty fees or otherwise. <br /> <br />"Unavoidable'Delays" means 4elays, outside the control of the party claiming its <br />occurrence, which delay the activities contemplated by this Agreement, and which are the direct <br />result of (a) unusually severe or prolonged bad weather, (b) acts of God, fire or other casualty to <br />the Minimum Improvements, (c) litigation commenced by third parties which, by injunction or. <br />other similar judicial action, directly results in delays, (d) acts of any federal, State or local <br />governmental unit which directly result in delays, (e) strikes, or other labor trouble, (f) delays in <br />delivery of materials for the Minimum hnprovements, (g) soil conditions of the Development <br />Property or (h) acts of war or terrorism, not eXIsting on the d~te hereof. <br /> <br />"U.S. Bank Parcel' means that portion of the Bluff Block Property to be acquired by the <br />Developer from U.S. Bank, National Association, which property is located at 632 Main Street, <br />Elk River, Sherburne County, Minnesota. <br /> <br />1 674205v9 <br /> <br />11 <br />