5.1. SR 10-17-2005 - Laserfiche WebLink

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(xl fW}Marketing costs, reasonable broker's commissions and marketing fees in an aggregate amount up to 6% of Sale Proceeds, to the extent actually paid to a Person or entity other than the Developer or an Affiliate of the Developer, usual and customary closing costs and credits, including, but not limited to title charges, survey costs, escrow charges, recording fees, transfer taxes and reasonable attorneys' fees, special assessments required to be paid as a condition of Sale, and reasonable prorations in favor of the purchasers for real estate taxes not yet due and payable, if any, and other soft costs of Sales, excluding any costs attributable to Owner Upgrades; !W fvt-Developer's Overhead Costs and soft costs of operations; ttID fvitConstruction Loan interest; mID ~ Title and Construction Loan closing costs; fix) ~Construction supervision by third parties, provided that if performed by the Developer or an Affiliate the amount thereof considered a Total Development Cost shall not exceed (i) 10% of Total Development Costs with respect to the Bluff Block Housing Project; (ii) 10% of Total Development Costs with respect to the Bluff Block Commercial Project; (iii) 10% of Total Development Costs with respect to the Jackson Block Housing Project and (iv) 10% of Total Development Costs with respect to the Jackson Block Commercial Project; 00 fi*t-Payments to the Developer for the following: development fee not to exceed the sum of (a) 5% of Total Development Costs with respect to the leased portion of the Jackson Block Commercial Project, (b) 12% of development costs approved by the Minnesota Housing Finance Agency with respect to the Jackson Block Housing Project, market rate leasing commissions on the Jackson Block Housing Project and the Jackson Block Commercial Project and other similar fees, all of which shall be of a nature and amount which is standard in the industry; Ull f*t-Governmental fees, including park dedication, permit, license and utility hook-up charges, SAC and WAC, to the extent not reduced or reimbursed; (6) Taxes and insurance premiums during the construction period, including special assessments; (7) Financing fees and financing interest during the construction period; (8) Amounts paid or payable to equity providers, other than Affiliates, regardless of whether paid as interest, profit participation, preferred return, loan guaranty fees or otherwise. "Unavoidable Delays" means delays, outside the control of the party claiming its occurrence, which delay the activities contemplated by this Agreement, and which are the direct result of (a) unusually severe or prolonged bad weather, (b) acts of God, fire or other casualty to the Minimum Improvements, (c) litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, (d) acts of any federal, State or local governmental unit which directly result in delays, (e) strikes, or other labor trouble, (f) delays in 1824344vRED V2 to VI; 10/12/05 11