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<br />4. Determination of Traffic Mitiaation <br />Improvements Costs. <br />a. Manner of Determinina. Determination of <br />the total Traffic Mitigation Improvements Costs ("Total Traffic <br />Mitigation Improvements Costs") .shall be made on an aggregate <br />(rather than "line item") basis. As a result, the following <br />shall occur: <br />(i) Savinas Applied to Other <br />Improvements. Savings from the costs of any particular Traffic <br />Mitigation Improvement (i.e., the excess of the Estimated Traffic <br />Mitigation Improvements Costs for the particular Traffic <br />Mitigation Improvement over the actual Traffic Mitigation <br />Improvements Costs for the particular Traffic Mitigation <br />Improvement) shall be applied to any overruns for the costs of <br />any other Traffic Mitigation Improvements; and <br />(ii) Overruns Paid By Savinas. The <br />overrun for the costs of any particular Traffic Mitigation <br />Improvement (i.e., the excess of the actual Traffic Mitigation <br />Improvements Costs for the particular Traffic Mitigation <br />Improvement over the Estimated Traffic Mitigation Improvements <br />Costs for the particular Traffic Mitigation Improvement) shall be <br />paid for by savings. from any other Traffic Mitigation <br />Improvements. <br />5. Liability of Contributing Projects. <br />a. Contributing Projects. The other <br />projects which will benefit from the Traffic Mitigation <br />Improvements and which City shall require to contribute towards <br />the Net Estimated Traffic Mitigation Improvements Costs <br />("Contributing Projects") are shown in Exhibit D, attached <br />hereto. The share of the Traffic Mitigation Improvements Costs <br />(stated as a percentage) and the share of the Net. Estimated <br />Traffic Mitigation Improvements Costs (stated in terms of present <br />dollars) of each of the Contributing Projects also are shown in <br />Exhibit D. Each Contributing Project's share is based on its <br />estimated peak hour trips as a percentage of the total peak hour <br />trips contributed by all remaining projects to be developed on <br />properties in the 5toneridge Mall area which presently are <br />undeveloped. The owner of each Contributing Project shall be <br />responsible for its percentage share (as stated in Exhibit D) of <br />the Net Estimated Traffic Mitigation Improvements Costs. <br />b. Increase In Net Estimated Traffic <br />Mitigation Improvements Costs. Any portion of the Net Estimated <br />Traffic Mitigation Improvement Costs not paid by the owners of <br />the Contributing Projects by the date one (1) year after the date <br />of this Agreement shall increase by an interest factor equal to <br />the Prime Rate. The interest factor shall be applied for the <br />G:\P\CJBOOO.N50/02Aug90a 4 <br />