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(2) In addition, the Developer shall be responsible for the City's Legal and <br />Administrative Expenses. In addition, certain engineering, environmental advisor, legal, land <br />use, zoning, subdivision and other costs related to the development of the Development Property <br />are required to be paid, or additional funds deposited in escrow, in accordance with the City's fee <br />schedule. <br />(3) The Developer has previously deposited $10,000 with the City for the payment or <br />reimbursement of the City's reasonable Legal and Administrative Expenses incurred prior to the <br />full execution and acceptance of this Agreement. If at any time the City determines that the <br />amount deposited by Developer will be insufficient to pay the City's Legal and Administrative <br />Expenses, the City may notify the Developer in writing as to any additional amount required to <br />be deposited. The Developer must deposit such additional funds within 10 business days after <br />receipt of the City's notice. The City will notify the Developer at any point when it has received <br />invoices for Legal and Administrative Expenses equal, in aggregate, to $10,000 and the <br />Developer shall notify the City whether it is willing to incur additional Legal and Administrative <br />Expenses. If the Developer fails to notify the City of its willingness to continue to incur <br />additional Legal and Administrative Expenses within 10 days, the City will instruct all Legal and <br />Administrative Expenses service providers to discontinue further work and submit final invoices <br />which the Developer shall reimburse the City for reasonable Legal and Administrative Expenses <br />within 10 business days after receipt of the City's notice even if the remaining Legal and <br />Administrative Expenses exceed $10,000 as a result of work done prior to the notification to <br />discontinue work. <br />(4) Any funds deposited by Developer and not expended by the City for its Legal and <br />Administrative Expenses will be returned to the Developer upon the issuance of the Certificate of <br />Completion. <br />(5) This Section 3.7 shall survive termination of this Agreement and shall be binding <br />on the Developer regardless of the enforceability of any other provision of this Agreement. <br />Section 3.8 Compliance with Environmental Requirements. <br />(1) The Developer shall comply with all applicable local, state, and federal <br />environmental laws and regulations, and will obtain, and maintain compliance under, any and all <br />necessary environmental permits, licenses, approvals or reviews. <br />(2) The City makes no warranties or representations regarding, nor does it indemnify <br />the Developer with respect to, the existence or nonexistence on or in the vicinity of the <br />Development Property or anywhere within the TIF District of any toxic or hazardous substances <br />or wastes, pollutants or contaminants (including, without limitation, asbestos, urea <br />formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum <br />products including gasoline, fuel oil, crude oil and various constituents of such products, or any <br />hazardous substance as defined in the Comprehensive Environmental Response, Compensation <br />and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 961-9657, as amended) (collectively, the <br />"Hazardous Substances"). <br />11 <br />LL185\61\675612.v1 <br />