Project Agreement - University of Notre Dame du Lac and FREG Stephenson Mill Assoc.

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performed the Initial Assessment shall be engaged at the cost of the University or the City, as the case may be, to determine whether reasonable cleaning of the Property's fagade is directly warranted due to the performance of the University Project or the City Project, as the case may be. If such reasonable cleaning of the Property's fagade is determined to be warranted then the University or the City, as the case may be, shall complete the same no later than 60 days after the date of such determination. If the University or the City, as the case may be, fails to timely complete the reasonable cleaning of the Property's fagade, then FREG Stephenson may complete the same and the University or the City shall reimburse FREG Stephenson for the cost of completing the reasonable cleaning of the Property's fagade, plus a 15% administrative fee and interest at 10% per annum if not paid within 20 business days after receipt of an invoice. 2. Additionally, the construction associated with the Project is not expected to create significant vibration, impact, or other major physical disruption to the surrounding environment or infrastructure. To establish a baseline to determine if any such damage is caused as a result of the construction associated with the University Project, FREG Stephenson shall provide a comprehensive set of photographs and thorough video inspection, date -stamped within 10 days of Closing, that evidence in sufficient visual detail the physical structure or integrity of the Property. In the event of a claim by FREG Stephenson that the Project adversely impacted the physical structure or integrity of the Property, it will notify the University and the City and provide documentation to the University and the City of such claim and the adverse impact upon discovery of the damage and the rationale for the proximate causation of such damage by the Project to the University and the City and so long as the same does not constitute an emergency that adversely affects the health, safety or welfare of tenant's employees, customers, guests or invitees of the Property, or adversely affects FREG Stephenson's ability to conduct normal business operations from the Property (each, an "Emergency Situation"), then the Parties agree to consider and attempt to resolve any such claims in an amicable, good faith manner. If the Parties are unable to resolve any such claim within 30 days after FREG Stephenson's initial notification of the same, or if there is an Emergency Situation, then FREG Stephenson may pursue any and all remedies at law or in equity. 3. The obligations of this Section 3.13. shall survive shall the Closing or any termination of this Agreement. C. Compensation for Impaired Mental Revenues 1. During the period set forth in Section 3.C. 2 below, if the total income for the Property collected by FREG Stephenson does not meet or exceed the baseline numbers set forth on Exhibit I attached hereto (the "Income baseline"), then the University and the City, as the case may be, will reimburse FREG Stephenson, on a quarterly basis,