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• <br />• <br />terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, <br />agreement or instrument of whatever nature to which the Developer is now a party or by which it is <br />bound, or constitutes a default under any of the foregoing. <br />(g) Whenever any Event of Default occurs and if the Authority shall employ attorneys <br />or incur other expenses for the collection of payments due or to become due or for the enforcement <br />of performance or observance of any obligation or agreement on the part of the Developer under <br />this Agreement, and the Authority prevails in such action, the Developer agrees that it shall, within <br />ten days of written demand by the Authority, pay to the Authority the reasonable fees of such <br />attorneys and such other expenses so incurred by the Authority. <br />(h) The proposed development by the Developer hereunder would not occur but for the <br />tax increment financing assistance being provided by the Authority hereunder. <br />(i) The Developer shall promptly advise Authority in writing of all litigation or claims <br />affecting any part of the Minimum Improvements and all written complaints and charges made by <br />any governmental authority materially affecting the Minimum Improvements or materially affecting <br />Developer or its business which may delay or require changes in construction of the Minimum <br />Improvements. <br />SJB- 237079v2 <br />LN140 -81 <br />6 <br />