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aue or for the enforcement of performance or observance of any obligation or <br />agreement on the part of the Redeveloper under this Agreement, the Redeveloper <br />agrees that <br />within ten <br />ptdemand by the pnay to the <br />Cythreasoaa fees of suchatoreys and such a herexpenses soicurredby <br />the City. <br />(1) The financing arrangements which the Redeveloper has obtained, or <br />will inimum Imp <br />mentst <br />together with acquisitionn, to finance rconstruction <br />with financing providedbytheCity pursuant to tthis Agreement,ewin be <br />sufficient to enable the Redeveloper to successfully complete the Minimum <br />Improvements as contemplated in this Agreement. <br />(m) The Redeveloper would notundertake <br />by City construction of the Minimum this <br />improvements without the financing p <br />Agreement. <br />(n) The Redeveloper believes that the fair warket value of the <br />Redevelopment Property is, or w"! be prior to Its conveyance to the City, at least <br />equal to the price to be paid by the City, and the price to be paid by the <br />Redeveloper to reacquire the Redevelcpment Property Is fair and reasonable after <br />taking into account the commitments of the Redeveloper and the encumbrances on <br />the Redevelopment Property made, or to be made, in favor of the City under this <br />Agreement. <br />(o) The Contract for Dead is in full force and effect and no detault is <br />existing thereunder. <br />(p) The Redeveloper shall not permit to be made, without the prior <br />written consent of the <br />he <br />Deed, which consent by the City, City will nottbe ut <br />unreasonably withheld delayed. for <br />Section 2.3. Redeveloper's Liability Joint and Several. Unkss otherwise <br />provided herein, Everest Development, Ltd., and Commercial Property Investments <br />liable for the performance of any <br />shall be deemed to be jointly and severally <br />obligation of the Redeveloper hereunder. <br />9 <br />