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9 <br />identified in either the EIR or the New Traffic Study, minus <br />the sum of (i) TSIP fees in the possession of the JPA and <br />(ii) federal, state and county funds available as hereinabove <br />provided, exceeds One Million Two Hundred. Fifty Thousand <br />Dollars ($1,250,000.00) (the "Excess Difference "), and Orange <br />actually completes such mitigation measures with its own funds, <br />then in that event Orange shall be entitled to receive a credit <br />equal to the Excess Diffe -ence against the letter of credit next <br />deposited with the JPA in connection with the next Phase of develop- <br />ment, if and when deposited pursuant to this Agreement.. The credit <br />shall not exceed the Excess Difference, and shall not otherwise en- <br />title Orange to draw down on any other poertion of the Leter of <br />Credit unless otherwise permitted by the terms of this Agreement <br />6. Santa Ana and Orange agree that TSIP Fees shall not <br />be used for Agency obligations pursuant to the Participation <br />Agreement. Santa Ana shall provide the JPA with the full one <br />percent (1%) TSIP Fee for the Project. <br />7.(A) Agency agrees to provide Orange, for its informa- <br />tion, with the Site Plan for the Project which has been finally <br />approved by the Agency -in accordance with the Participation Agree- <br />ment (the "Site Plan "). Agency further agrees to provide Orange <br />with any proposed revisions to the Site Plan for its information. <br />(B) Santa Ana and Orange agree that the JPA shall con- <br />sider and resolve any future disputes regarding (1) formulation <br />and funding of additional mitigation measures required as a result <br />of any revisions to the Site Plan or any developments in the TSIP <br />area, and (2) the performance of this Agreement. If the JPA is <br />10 03935 <br />