Agmt 2008 BART etc - Laserfiche WebLink

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to the actual use of such funds, which statement shows the actual payments made by BART. At the Developer's request following receipt of the statement by the Developer, BART shall provide the Developer with copies of all receipts and other records necessary for the Developer to verify the actual costs set forth on such statement. This Payment shall be non-refundable unless BART defaults resulting in a termination of this Agreement or as set forth in Section 7.6 below, in which case the Payment, excluding any portion that has been expended according to the above, shall be refunded to the Developer within ten (10) business days following such termination. Any extension of this Agreement may require an additional payment to BART. If an additional payment is required, then BART and the Developer hereby agree that such additional amount shall be reasonably related to the proposed additional costs to be incurred by BART as a direct result of such extension of this Agreement, as mutually agreed upon by BART and the Developer. Any additional payment to BART shall be used and disbursed by BART in accordance with the terms of this Section 2. 3. SCHEDULE OF PERFORMANCE. The Parties shall perform the following activities during the Negotiation Period and within the time periods set forth herein below (see Attachment B for a summary schedule.) 3.1 Development Team, Project Financing and Other Submissions. (a) Within sixty (60) days of the Effective Date, the Developer or BART, as identified below, shall submit to the other Parties the following: (i) A written description of the specific and general roles, responsibilities, and obligations of the Developer, and any other entity participating in the legal entity established by the Developer for purposes of developing the project. Additionally, the written description of roles, responsibilities, and obligations shall identify the principals and other personnel, to the extent necessary, from each participating party by name, title or position, and areas of responsibility within the development entity. (ii) BART, or their designated consultant, shall be provided with opportunities to review copies of balance sheets and income/loss statements, prepared in accordance with generally accepted accounting principles, and other financial documentation as reasonably requested by BART covering the last two (2) years of the Developer or any other entity participating in the legal entity established by the Developer for purposes of developing the prof ect. (iii) A written statement concerning any litigation (claims in excess $100,000 dollars or claims in a single project or development that collectively exceed $100,000) within the past two (2) years in which the Developer was a party. The Developer shall provide to BART copies of any filed litigation documents in connection with such litigation within ten (10) business days ofBART's written request. (iv) The Developer shall provide BART with all documents related to its organizational status. SANF1\382607.1 311718-29