5A8 & 9 Assignment - Confirmation Agreements (Great Lakes Capital) - Signed

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CONFIRMATION AGREEMENT PAGE 2 G.The Parties enter into this Agreement to (i) set forth certain obligations of the Commission with respect to any portion of the READI Grant advanced to Commission, either (x) for its use or as a reimbursement for items other than as contemplated in the Development Agreement, and/or (y) prior to the Developer and Commission executing a Notice to Commence under the Development Agreement, and (ii) memorialize certain aspects regarding the scope and advancement of the Project. NOW, THEREFORE, in consideration of the background above (including without limitation the Assignment Agreement), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Commission and Developer agree as follows: 1.Background Provisions. The background provisions above are incorporated into the body of this Agreement as if fully set forth herein and made a part hereof. 2.Assignment of READI Grant. assignment of all or any portion of the READI Grant to Commission, the Commission acknowledges and agrees that: a.Use for Other Work. Any Other Work performed by the Commission does defined in the Development Agreement) toward Local Public Improvements under such Development Agreement. In this regard, any portion of the READI Grant assigned to the Commission for payment or reimbursement to the Commission (directly or indirectly) for t toward Local Public Improvements under the Development Agreement. For example, if and to the extent the RDA advances $5,000,000 of the READI Grant to Commission as a reimbursement of certain demolition costs as part of Other Work, the Commission is responsible to pay $5,000,000 toward Local Public Improvements as defined by the Development Agreement for the Project to ensure that One Hundred Percent (100%) of the READI Grant amount is used toward the Local Public Improvements (in addition to any other obligations of Commission under the Development Agreement). b.Advancement Prior to Notice to Commence. The Commission shall be solely responsible to pay Developer, any amount that Developer is required to repay the RDA under the Repayment Agreement (up to the amount of the READI Grant received by the Commission) if and to the extent any such portion of the READI Grant is advanced prior to the Parties entering into a Notice to Commence under the Development Agreement and the Parties do not enter into such a Notice to Commence. In such event, any such payment to Developer shall be required at the same time Developer is required to repay amounts to the RDA under the Repayment Agreement. c.Repayment with any Default by Commission. Notwithstanding anything herein to the contrary, the Commission agrees to pay Developer any amount that Developer is required to pay the RDA under the Repayment Agreement (up to the amount of the