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to the principal amount of the Note, which evidence must include copies of the paid invoices or other comparable evidence for costs of allowable Public Development Costs; (ii) submitted and obtained Authority approval of financing in accordance with Section 7.1; (iii) submitted an executed lease with the Tenant to the Authority for a term equal to or greater than the term of the Note; and (iv) delivered to the Authority an investment letter in substantially the form attached hereto as EXHIBIT D. The terms of the Note will be substantially those set forth in the form of the Note shown in EXHIBIT B, and the Note will be subject to all terms of the Authorizing Resolution, which is incorporated herein by reference. (c) Termination of right to Note. All conditions for delivery of the Note must be met by no later than the date five (5) years after the date of certification of the TIF District by the County. If the conditions for delivery of the Note are not satisfied by the date described in this paragraph, the Authority has no further obligations under this Section 3.3. (d) Assignment of Note. The Authority acknowledges that the Developer may assign the Note to a third party. The Authority consents to such an assignment, conditioned upon receipt of an investment letter from such third party in substantially the form set forth in EXHIBIT D. (e) Qualifications. The Developer understands and acknowledges that all Public Development Costs must be paid by the Developer and will be reimbursed from Available Tax Increment pursuant to the terms of the Note. The Authority makes no representations or warranties regarding the amount of Available Tax Increment, or that revenues pledged to the Note will be sufficient to pay the principal of the Note. Any estimates of available Tax Increment prepared by the Authority or its financial advisors in connection with the TIF District or this Agreement are for the benefit of the Authority, and are not intended as representations on which the Developer may rely. Public Development Costs exceeding the principal amount of the Note are the sole responsibility of Developer. Section 3.4. Business Subsidy Agreement. The financial assistance provided hereunder is a business subsidy. As a result, the Developer must comply with the requirements of the Business Subsidy Act and the Authority's Business Subsidy Policy. For such purposes, the provisions of this Section constitute the "business subsidy agreement." (a) General Terms. The Developer and the Authority agree and represent to each other as follows: (1) The subsidy provided to the Developer under this Agreement consists of the reimbursement of Public Development Costs for the Development Property described in Section 3.3 in the maximum aggregate principal amount of $1,200,000. 8 482405v6