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G. It is understood and agreed that if any consultant begins work on the <br />Project prior to execution and delivery of this Agreement by all parties, the fees incurred <br />in connection with the Project prior to such execution and delivery will be subject to <br />reimbursement pursuant to this Agreement upon execution and delivery of this <br />Agreement by all parties and the deposit of funds by Developer pursuant to Section 3.C. <br />4. Deposit. <br />A. At any time that City determines in good faith that the sums then held in any <br />deposits made pursuant to Sections 3.E above are inadequate to pay for the projected <br />Services to be paid from such deposit over the succeeding two (2) month period, <br />Developer shall replenish the relevant deposit with the amount requested by City in <br />writing, which amount shall not exceed Twenty -Five Thousand Dollars ($25,000) for any <br />particular replenishment, within ten (10) Business Days of such written request. <br />B. Should any deposit not be replenished in the time and amount specified as <br />set forth in Section 6.A., City may direct that all Services to be paid from the deposit <br />applicable to such Services be halted until such time as such applicable deposit is <br />replenished. <br />C. All deposits will be placed in a non -interest bearing trust account. <br />Developer understands and agrees that City will not pay interest to Developer on the <br />deposits, and Developer will not seek interest payments from City. <br />D. No later than forty (40) days after the earliest to occur of: (1) final action is <br />taken by City on the Project, (2) Developer notifies the City in writing of its withdrawal of <br />the Project applications, or (3) the Project is otherwise abandoned, City will provide <br />Developer with a final accounting of costs and expenses, accompanied by invoices, <br />time records or other reasonable back-up therefor, which accounting the Developer <br />agrees will be conclusive, in the absence of manifest error. Should the total <br />reimbursement amount required for any Services be less than the total amount <br />deposited by Developer with respect to such Services, City will refund any remaining <br />deposit amount relating to such Services to Developer within forty-five (45) days after <br />determining the final reimbursement amount for such Services. <br />E. In the event Developer fails or refuses to make any of the deposits <br />required herein, Developer shall be liable to City for the amount of all fees charged to <br />the City for Services actually provided which exceed the amount of the deposit paid by <br />Developer for such Services, and City shall have the right to pursue a breach of contract <br />action, or any other pertinent legal action available to the City, against the Developer. <br />Further, the prevailing party in any dispute and/or litigation necessary to enforce or <br />interpret this Agreement shall be entitled to seek and collect its costs and reasonable <br />attorney's fees from the other party. <br />5. Other Costs. Developer acknowledges that the cost of the Services does not <br />include all application, permitting, inspection, or other fees which may be charged by <br />City in connection with the Project. To the extent the fees ordinarily charged by City for <br />3 <br />55G-17 <br />