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<br />10 <br /> <br />(a) The Developer will not discriminate against any employee or applicant for <br />employment because of race, color, religion, sex, or national origin. The Developer agrees <br />to post in conspicuous places, available to employees and applicants for employment, <br />notices setting forth the provisions of this nondiscrimination clause; and <br />(b) The Developer will state, in all solicitations or advertisements for <br />employees placed by or on behalf of the Developer, that all qualified applicants will receive <br />consideration for employment without regard to race, color, religion, sex, or national <br />origin. <br />4.11 Non-Interference. The Company hereby agrees to use commercially reasonable <br />efforts to minimize disruption for those living and working near the Project Site during construction <br />of the Project. <br />4.12 Public Announcements, Press Releases and Marketing Materials. The Company <br />hereby agrees to (a) coordinate a Project “kick off” press release with the City, (b) coordinate a <br />Project groundbreaking ceremony with the City, and (c) use commercially reasonable efforts to <br />coordinate other significant public announcements with the City, subject, in each case, to any <br />securities laws that would prevent the Company from engaging in such coordination. The Company <br />agrees to allow the City and the Redevelopment Commission to distribute the Developer’s <br />marketing materials to promote the Project. <br />4.13 Information. The Company agrees to provide any and all due diligence items with <br />respect to the Project reasonably requested by the Redevelopment Commission. The Company <br />further agrees to provide any information reasonably required in writing by the City and the <br />Redevelopment Commission relating to the assessed value of the real estate and improvements <br />located on the Project Site to assist the City and the Redevelopment Commission in accurately <br />determining the projected TIF Revenues for purposes of paying debt service on the Bonds. <br />ARTICLE V. ECONOMIC DEVELOPMENT INCENTIVES <br />5.01 Taxable Economic Development Tax Increment Revenue Bonds. The <br />Redevelopment Commission, and the Common Council shall each, subject to further proceedings <br />required by law, cause the issuance of the Bonds pursuant to the Act (the “Bonds”), in an amount <br />that generates gross proceeds not to exceed Seventeen Million and 00/100 Dollars ($17,000,000). <br />The Company shall buy the Bonds, and the Bonds shall not be issued until promptly after the <br />Company’s closing on its construction loan for the Project. The Company, as purchaser of the <br />Bonds, shall agree that non-payment of the principal or interest on the Bonds due to insufficiency <br />of Pledged TIF Revenues shall not be deemed to be a default under the Bonds. The proceeds of the <br />Bonds shall be loaned to the Company and shall be used for the payment (or reimbursement to the <br />Company of the prior payment) of the Project Costs set forth on Exhibit A. The Company may <br />obtain the disbursement of proceeds of the Bonds by submitting a Disbursement Request (as such <br />term is defined in the Trust Indenture) to the City and the trustee in accordance with the terms and <br />conditions of the Trust Indenture, which shall be subject to Redevelopment Commission approval. <br />The Company shall cause J.C. Hart Company, Inc., to provide a Taxpayer Agreement to guarantee <br />payments of the Bonds during any period for which the Pledged TIF Revenues are projected to be <br />insufficient.