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Development Property. The rights of the Indemnitees hereunder shall be in addition to any other rights or remedies which the Indemnitees may have against the Development Property and the Developer under this Agreement or any other document or at law or in equity. (c) Notwithstanding anything in this Agreement to the contrary, this indemnity shall not apply to any Loss incurred by any of the Indemnitees as a direct result of the negligence of any of the Indemnitees or their respective agents, employees and contractors as owner and operator of the Development Property if and to the extent such negligence of the Indemnitee is a direct cause of the introduction and initial release of a Hazardous Substance in, on or under the Development Property. (d) Except as expressly provided for in this Section 3.2, this indemnity shall remain in full force and effect, including, without limitation, with respect to any Hazardous Substance which is discovered or released in, on or under the Development Property after the date the Developer acquires title thereto, but which were introduced in, on or under the Development Property prior thereto, and with respect to the continuing migration or release of any Hazardous Substance previously introduced in, on, under or near the Development Property. Section 3.3. Reimbursable Development Costs. The parties agree that the Development Property to be acquired by the Developer is essential to the successful completion of the Project. All costs of acquiring the Development Property and constructing and installing the Project shall be paid by the Developer. The City shall, however, reimburse the Developer for all Reimbursable Development Costs, as further provided in Section 3.4 hereof. The Developer shall submit to the City on or before delivery of the Tax Increment Note paid invoices or statements in an amount equal to and establishing the Reimbursable Development Costs. Section 3.4. Reimbursement: Tax Increment Revenue Note. The City shall reimburse the Developer for the Reimbursable Development Costs through the issuance of the City's Tax Increment Revenue Note in substantially the form attached to this Agreement as Exhibit D, subject to the following conditions: (a) The Tax Increment Note shall be dated, issued and delivered when the Developer shall have demonstrated in writing to the reasonable satisfaction of the City that the Developer has acquired the Development Property and substantially completed the Site Improvements and that the Developer has incurred and paid all costs of acquiring the Development Property and completing the Site Improvements, and shall have 1058683 RED V5 to V4; 7/14/99 13 PAGE 30