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BRIGGS&MORGAN Fax:6512236645 Dec 11 '98 17:00 P.21 • accrue subsequent to the date of its acquisition of title- to the Development Property (or part thereof) and until title to the . property is vested in another person. The Developer agrees that prior to the Termination Date: (a) It will not seek administrative review or judicial review of the applicability of any tax statute relating to . the ad valorem property taxation of real property contained on the Development Property determined by any tax official to be applicable to the Project or the Developer or raise the inapplicability of any such tax statute as a defense in . any proceedings with respect to the Development Property, including delinquent tax proceedings; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; (b) It will not seek administrative review or judicial review of the constitutionality of any tax statute relating to the taxation of real property contained on the Development Property determined by any tax official to be applicable to the Project or the Developer or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings with respect to the Development Property; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; (c) It will not seek any tax deferral or abatement, either presently or prospectively authorized under Minnesota Statutes, Section 469. 181, or any other State or federal law, of the ad valorem property taxation of the Development Property between the date of execution of this Agreement and the Termination Date. Section 6. 3 . Payment In-Lieu of Taxes. For the consideration recited in Section fr-g 3.2 above, the Developer agrees to pay the City the sum of $ 5109,250 on May 15, 2000 and October 15, 2000 . 965316.Red V2 to V1; 12/1x/96 17