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4.9 Costs and Expenses of Construction of Development. Developer hereby agrees to pay, or cause to be paid, all costs and expenses of construction for the Project (including legal fees, architectural and engineering fees), exclusive of the Local Public Improvements, which shall be paid for by the Commission by and through the Funding Amount; provided, however, Developer may pay certain expenses related to the design of the Local Public Improvements which expenses shall be reimbursed by the Commission, all in accordance with the Construction Management Agreement (as later defined). 4.10 Non - Interference. Developer hereby agrees to use commercially reasonable efforts to minimize disruption for those living and working in or near the LaSalle Property during construction of the Project. 4.11 Grant of Easement. Developer agrees to take all actions necessary to grant the Easement to the Commission, as provided for in Section 3.5 of this Agreement. 4.12 Insurance; Indemnity. Developer shall purchase and maintain, or cause to be purchased and maintained, Comprehensive General Liability Insurance as is appropriate for the work being performed with respect to the Project. Developer shall provide proof of such adequate insurance to the Commission and shall notify the City and the Commission of any change in or termination of such insurance. During the period of construction or provision of services regarding any Local Public Improvements, the City shall be named as an additional insured for the minimum amounts or greater when required by law as described in Exhibit E attached hereto and incorporated herein (but not on any worker's compensation policies). The Developer agrees to indemnify, defend and hold harmless the Commission from and against any third party claims suffered by the Commission resulting from or incurred in connection with the Local Public Improvements. 4.13 Public Announcements, Press Releases and Marketing Materials. Developer hereby agrees to (a) coordinate a Project "kick off' press release with the City, (b) coordinate a Project groundbreaking ceremony with the City, and (c) use commercially reasonable efforts to coordinate other significant public announcements with the City, subject, in each case, to any securities laws that would prevent Developer from engaging in such coordination. Developer agrees to allow the City and the Commission to distribute and use Developer's marketing materials to promote the Project. 4.14 Information. Developer agrees to provide any and all due diligence items with respect to the Project reasonably requested by the City and/or the Commission. SECTION 5. COMMISSION'S OBLIGATIONS. 5.1 Generally. The Parties acknowledge and agree that Developer's agreement to perform and abide by the covenants and obligations set forth in this Agreement is material consideration for the Commission's commitment to perform and abide by the covenants and obligations of the Commission contained in the Agreement. -8- dms.us.52637413.08