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(iii) City shall review the invoices and supporting documentation. If invoice is for actual costs that are consistent with the approved Budget, the City shall pay the invoice within fourteen days, (iv) If the invoice exceeds the approved Budget and City reasonably determines additional information is. needed, within fourteen (14) days of the receipt of the invoice City shall specify the additional information or documentation that is needed for City to determine whether the costs exceeding the approved Budget are reasonable. City may object in writing to any expenses contained in a monthly invoice that exceed the approved Budget the City reasonably determines are unreasonable within fourteen (14) days of receiving the monthly invoice or the receipt of the additionally requested documentation or additional information, whichever comes later, If City does not object to the reasonableness of any expenses exceeding the approved Budget or request additional documentation related to any excess costs within fourteen (14) days of receiving the monthly invoice, the costs exceeding the, approved Budget shall be deemed reasonable. (v) Borrower shall provide the requested documentation within fourteen (14) days, unless City grants a longer period of time for compliance. Should Borrower fail to timely provide the requested documentation, the expense shall be deemed unreasonable. (vi) Within fourteen (1.4) days of receiving City's written objection, Borrower shall have the right to provide additional supporting documentation to justify the reasonableness of the expense to the City, City shall review any additional supporting documentation provided by Borrower to reconsider the reasonableness of the expense for the City Funded Improvements. (vii) City shall pay any reasonable costs for the construction of the City Funded Improvements that exceed the approved Budget up to the total maximum amount of $13,000,000, within thirty (30) days of receipt of monthly invoice or the receipt of the additionally requested documentation or additional information, whichever comes later. 2.6 City Not Liable. Other than for the disbursement of the Public Improvement Loan to Borrow in accordance with the terms of this Agreement, the City shall not be liable to Borrower or any other party, including but not limited to any lender, contractor or subcontractor, for any damage whatsoever which may result in whole or in part from any action or inaction of the City hereunder, including without limitation, failure or delay in funding any proceeds of the Public Improvement Loan, except to the extent of the City's gross negligence or willful misconduct. ARTICLE 3 Section 3.1 Borrower Covenant to Undertake the Project. Borrower covenants and agrees for itself, its successors and assigned, for the benefit of the City, that it shall commence and complete the development of the Project including the City Funded Improvements in accordance with all Project Approvals, the DDA, permits and conditions issued by the City. Section 3.2 Equal Opportunity. During the construction or installation of the Project and the City Funded Improvements there will be no discrimination on the basis of 55394.0004940884170.6 6