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O.R.C. Section 5709.911(A)(1). The City, the Developer, and any individual Owner shall cooperate with each other, and execute such further documents and provide such further information as are reasonably required in connection with the filing and processing of such applications. The parties hereto intend that such exemption from real property taxation will apply initially on the date on which the TIF Ordinance is effective and shall use due diligence and commercially reasonable efforts to that end. The Developer and any individual Owner shall continuously use due diligence and employ commercially reasonable efforts to keep such exemptions in force, not permitting the same to lapse or be suspended or revoked for any reason within the Developer's or any individual Owner's control. SECTION 8. EFFECTIVE DATE; DURATION OF AGREEMENT. This Agreement shall become effective only after its execution and delivery by the parties. Unless sooner terminated pursuant to the terms hereof, this Agreement shall expire at the end of the Exemption Period or the termination of the Development Agreement, whichever occurs first. Upon expiration or termination of this Agreement, the City will cause this Agreement to be cancelled of record at the cost of the Owners. SECTION 9. APPLICATION OF SERVICE PAYMENTS. The Service Payments shall be made by or on behalf of the Owners to the County Treasurer on or before the applicable Service Payment Dates. Upon receipt of the Service Payments from the County Treasurer, the City shall deposit the Service Payments in the TIF Fund established by or designated in the TIF Ordinance; provided, that all such amounts received by the City shall be allocated for the purposes set forth in the TIF Ordinance, including, without limitation (i) payment of the costs of any improvements for urban redevelopment purposes or other purposes provided in the TIF Ordinance related to the TIF Site as authorized in O.R.C. Section 5709.41; or (ii) other authorized uses by the City as permitted under Ohio law. SECTION 10. REIMBURSEMENT OF DEVELOPER. The City shall pay to the Developer in accordance with the terms of this Agreement and the Development Agreement with respect to the Development for which a written requisition substantially in the form attached as Exhibit C (a "Written Requisition") is submitted to the City, the actual costs of such Development, including, but not limited to, the items of "costs of permanent improvements" contained in O.R.C. Section 133.15 (with the costs of the Development collectively referred to herein as the "Costs"). Any City fees not paid by the Developer will be payable out of the TIF Fund before any reimbursement of Developer provided below. Except as otherwise provided herein, the City shall pay all Project TIF Revenue on deposit in the TIF Fund to or as directed by the Developer within forty-five (45) days of receipt by the City (each, a "Payment Date") until all of the Costs have been paid in full. All payments to the Developer hereunder on each Payment Date shall be made pursuant to written instructions provided by the Developer. Notwithstanding any other provision of this Agreement, the City's payment obligations hereunder are limited to the monies in the TIF Fund and do not constitute an indebtedness of the City within the provisions and limitations of the laws and the Constitution of the State of Ohio, and the Developer does not have the right to have taxes or excises levied by the City for the payment of the Costs and interest thereon. At any time of which there exists a Developer default of the Development Agreement, the City, at its option, may, but shall not be obligated to, by written notice to the Developer, cease disbursements of the proceeds from the TIF Fund until such Developer default has been cured. Furthermore, in the event of a Developer default that extends beyond the applicable cure period in the Development Agreement the City shall have those remedies identified in Section XII(S) of the Development Agreement. 15836951v9