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(6) Neither the execution and delivery of this Agreement, the consummation of the <br />transactions contemplated hereby, nor the fulfillment of or compliance with the terms and <br />conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, <br />the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, <br />agreement or instrument of whatever nature to which the Developer is now a parry or by which it <br />is bound, or constitutes a default under any of the foregoing. <br />(7) The Developer will cooperate fully with the City with respect to any litigation <br />commenced with respect to the Project but only to the extent that the City and the Developer are <br />not adverse parties to the litigation. <br />(8) The Developer understands that the City may subsidize or encourage the <br />development of other developments in the City, including properties that compete with the Tax <br />Abatement Property and the Project, and that such subsidies may be more favorable than the <br />terms of this Agreement, and that the City have not represented that development of the Tax <br />Abatement Project will be favored over the development of other properties. <br />(9) The total development costs of the Project are estimated to be approximately <br />$4,340,935 and the Project is more economically feasible within the reasonably foreseeable <br />future with the provision of the Tax Abatements by the City. <br />(10) The Developer will comply and will cause the Tenant to comply with all City <br />ordinances, rules and regulations relating to traffic, parking, trash removal or public safety <br />problems which may arise in connection with the construction and operation of the Project. <br />(11) The Developer will provide and maintain or cause to be maintained at all times <br />and, from time to time at the request of the City, furnish the City with proof of payment of <br />premiums on insurance of amounts and coverages pursuant to Section 5.1 hereof. <br />(12) In addition to the "Goals" detailed in Section 3.9 hereof, the Developer agrees to <br />create 7 full time equivalent jobs at an average hourly wage of at least $31.77 per hour, <br />excluding benefits, not later than five years from the Benefit Date, for a total of 14 new jobs. <br />The additional 7 jobs are not subject to the reporting or repayment requirements of the Business <br />Subsidy Act or Section 3.9 hereof. <br />5 <br />EL 185\74\870137.v5 <br />