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~ ~ of Excess Traffid Mitigation Improvements Costs shall be paid by City, subject to reimbursement by Contributing Projects. The owner of each Contributing Project shall reimburse Developer or City for its percentage share of the Excess Traffic Mitigation Improvements Costs paid by Developer or City respectively (together with interest at the Prime Rate. from the date of payment by Developer or City to the date of reimbursement by the owner of the Contributing Project). 7. Reimbursement From Contributingt Protects. a. Reimbursement Fees. If Developer has paid to City the portion of the Net Estimated Traffic Mitigation Improvements Costs or Excess Traffic Mitigation Improvements Costs attributable to a Contributing Project, the portion of the Net Estimated Traffic Mitigation Improvements Costs or Excess Traffic Mitigation Improvements Costs attributable to the Contributing Project ("Reimbursement Fee") shall be collected from the Contributing Project by City and paid to Developer. b. Required Payments For Approvals. Based on the estimated peak hour trips as set forth in Exhibit D, City shall require payment of Reimbursement Fees by each Contributing Project as a condition of the next approval requested by the Contributing Project and shall collect the Reimbursement Fees in conjunction with the next approval requested, except as provided in subsection d. below. .City shall use its best efforts to prevent Contributing Projects from receiving any City approvals without paying the Reimbursement Fees, and shall not issue permits, licenses or consents for development of the Contributing Projects without payment of the Reimbursement Fees. c. Failure to Collect. City shall immediately pay to Developer the Reimbursement Fee for a Contributing Project if, for any reason., City grants an approval to a Contributing Project and does not collect and pay to Developer the Reimbursement Fee attributable to the Contributing Project . d. Mall Expansion. If the approval requested is for a mall expansion not involving an anchor store (such as Sears), City .shall require payment of Reimbursement Fees by the Contributing Project as a condition of approval on the following basis. The payment of the Reimbursement Fees shall be based on the number of peak hour trips which the use generates based on 2.8 trips/1000 square feet. In all other respects the provisions of subsections b. and c. above shall apply. c:\P\CJBOOO.W50/02Aug90a 6