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<br /> <br />period from the date one (1) year after the date of this <br />Agreement to the date of payment. <br />c. Increases Resulting From Increased Costs. <br />The owner of each Contributing Project shall be responsible for <br />its percentage share (as stated in Exhibit D) of the Excess <br />Traffic Mitigation Improvements Costs as these are defined in <br />Section 6. To the extent that a percentage share of a <br />Contributing Project is paid by either the Developer or City, the <br />Contributing Project shall reimburse the party making payment. <br />6. Developer's Responsibility For Increased <br />Costs. <br />a. Possible Increased Costs. The Estimated <br />Traffic Mitigation Improvements Costs may be inaccurate for many <br />reasons including the following: <br />(i) Estimate Inaccurate. The estimate <br />of the present costs of particular Traffic Mitigation <br />Improvements may be inaccurate; and <br />(ii) Increases in Costs. The Traffic <br />Mitigation Improvements Costs may increase after the date of this <br />Agreement at a rate other than the Prime Rate. <br />b. Excess Traffic Mitigation Improvements <br />Costs. Developer shall be responsible for forty-seven percent <br />(47~) of the costs of the Traffic Mitigation Improvements <br />identified in Exhibit B, not including those improvements <br />identified in Exhibit C, in excess of Seven Hundred Fifty-Two <br />Thousand Eight Hundred Twenty Dollars ($752,820.00) ("Excess <br />Traffic Mitigation Improvements Costs"), subject to the <br />following: <br />(i) Developer's Maximum Liability. <br />Developer's maximum liability for Excess Traffic Mitigation <br />Improvements Costs shall be ten percent (10~) of Developer's <br />Estimated Required Payment (i.e., ten percent (10~) of Three <br />Hundred Fifty-Seven Thousand Eighty-One Dollars ($357,081.00) or <br />Thirty-Five Thousand Seven Hundred Eight and 10/100 Dollars <br />($35,708.10)); and <br />(ii) Reimbursement from Contributing <br />Projects. Subject to reimbursement, Developer shall be <br />responsible for paying the Contributing Projects' respective <br />shares of Excess Traffic Mitigation Improvements Costs, not to <br />exceed an aggregate payment (after including Developer's and <br />Contributing Projects' respective shares) of Thirty-Five Thousand <br />Seven Hundred Eight and 10/100 Dollars ($35,708.10) ("Developer's <br />Maximum Payment of Excess Traffic Mitigation Costs"). Any Excess <br />Traffic Mitigation Costs in excess of Developer's Maximum Payment <br />G:\P\CJBOOO.W50/02Aug90a 5 <br />