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~ ~ peak hour trips contributed by all Contributing Projects. The Contributing Project's contribution shall be based on the percentage share of the Traffic Mitigation Improvement Costs, but to the extent any Contributing Project has paid its entire share of the Traffic Improvement Costs when it obtained a building permit, the Project shall not be responsible for an additional contribution should the Project's percentage thereafter increase. Similarly, should the Project's percentage decrease, the Contributing Project shall not be entitled to a refund. b. Increase In Net Estimated Traffic Mitigation Improvements Costs. Any portion of the Net Estimated/Actual Traffic Mitigation Improvement Costs not paid by the owners of the Contributing Projects by January 1, 1999 shall increase by an interest factor equal to the Prime Rate. The interest factor shall be applied for the period from January 1, 1999 to the date of payment. c. Increases Resulting From Increased Costs. The owner of each Contributing Project shall be responsible for its percentage share (as stated in Exhibit D) of the Excess Traffic Mitigation Improvements Costs as these are defined in Section 6. To the extent that a percentage share of a Contributing Project is paid by either the Developer or City, the Contributing Project shall reimburse the party making payment. 6. Developer's Responsibility For Increased Costs. a. Possible Increased Costs. The Estimated Traffic Mitigation Improvements Costs may be inaccurate for many reasons including the following: (i) Estimate Inaccurate. The estimate of the present costs of particular Traffic Mitigation Improvements may be inaccurate; and (ii) Increases in Costs. The Traffic Mitigation Improvements Costs may increase after the date of this Restated Reimbursement Agreement at a rate other than the Prime Rate. b. Excess Traffic Mitigation Improvements Costs. Developer shall be responsible for twenty-six and four tenths percent (26.4%) of the costs of the Traffic Mitigation Improvements identified in Exhibit B in excess of Nine Hundred Fifty Four Thousand Seven Hundred Fifty Dollars ($954,750) ("Excess Traffic Mitigation Improvement Costs"), subject to the following: (i) Developer's Maximum Liability. Developer's maximum liability for Excess Traffic Mitigation Improvements Costs shall be ten percent (10%) of Developer's Estimated Required Payment (i.e., ten percent (10%) of Two Hundred Fifty-two Thousand Fifty-four Dollars ($252,054) or Twenty-Five Thousand Two Hundred Five Dollars ($25,205)); and (AGREEMENTS\SRIDGI CL.SAM) 6