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Payments received by the City with respect to the Original Project and the <br />Additional Project (such difference, if greater than zero, is referred to <br />herein as the "Shortfall "). As used herein and in Section 12(B), "Debt <br />Service" means (a) the principal of, any premium, and interest on the <br />Bonds; (b) any amount paid under any interest rate hedging or protection <br />agreement in lieu of paying principal, interest or premium (provided that <br />the City shall seek the advance consent of the Replacement Guarantor to <br />any such interest rate hedging or protection agreement, which consent <br />shall not be unreasonably withheld, conditioned or delayed); (c) any <br />charges of any bond trustee, credit enhancement provider, or remarketing <br />agent; and (d) other amounts customarily paid as annual charges for <br />obligations such as the Bonds, except for deposits to reserve funds. <br />(2) Developer shall prepare and, regularly during the term and pendency of <br />this Development Agreement, revise a eomprehertsfve budget for the Additional Project (the <br />"Project Budget "), which shall be revised and_ updated during the course of the Additional <br />Project to take itno account change orders, cost overruns and similar events having an impact on <br />the Project Budget. <br />(3) Developer shall hire, engage, contract with and supervise such reputable <br />and experienced contractors, subcontractors, laborers, materialmen and suppliers as are <br />necessary to the Additional Public Improvements, which contracts and engagements shall be <br />reasonably acceptable to the City, and this obligation shall _be an ongoing obligation of <br />Developer under the terms of this Development Agreement for all Project Phases, and cause all <br />of Developer's contractors, subcontractors, laborers, materialmen and suppliers to engage <br />laborers pursuant to contracts with -labor unions. <br />(4) Developer. ,_shall provide to the City copies of all reports, appraisals, <br />surveys, environmental site - assessments and design plans in connection with the Additional <br />Project that Developer has, commissions or obtains, during the term of this Development <br />Agreement. <br />(5) Developer shall Tully and timely comply with Ohio's prevailing wage <br />requirements, Ohio Revised Code Chapter 4115 with respect to all construction of Additional <br />Public hnprovements to be paid for with Unspent Bond Proceeds. <br />(6) The Developer shall submit Plans and Specifications for all necessary <br />reviews and approvals in a timely manner as required to maintain the schedule set forth in <br />Section 11 and shall pay all standard applicable fees of review. The Plans and Specifications for <br />the Additional Project and all designs, materials, colors, landscaping, signage, lighting and <br />streetscapes shall be subject to the review and approval of the City and all boards, councils, <br />committees and subcommittees as required by the laws and ordinances of the City, and such <br />reviews by the City review bodies shall be completed by the City in a timely manner. <br />(7) The Developer shall fully and timely comply with all City ordinances and <br />other requirements applicable to the construction of the Additional Public Improvements located <br />in the right -of -way including the competitive bidding procedures set forth in Exhibit hereto. <br />(03163827.DOCX;6 ) 11727136.4 (2026928x2) 6 <br />