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4.9. DEVELOPER hereby agrees to provide notice to local contractors of all requests for bids, of pre-bid meetings and of related meetings and information with respect to the Local Public Improvements so as to use commercially reasonable efforts to employ qualified local contractors and other related local labor during construction of the Local Public Improvements. DEVELOPER agrees to meet with the business agents of all skilled trade unions to give them the details of the Local Public Improvements prior to contracting for the completion of the Local Public Improvements. 4.10. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the DEVELOPER agrees to exercise good faith efforts to obtain participation by those contractors certified by the State of Indiana as a Minority Business Enterprise ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. ARTICLE V. REIMBURSEMENTS 5.1. REDEVELOPMENT COMMISSION will provide the Funding Amount in order to timely pay for the Local Public Improvements. As CITY'S construction manager, DEVELOPER agrees to review invoices presented for payment by General Contractors. Such invoices shall be made through AIA Application and Certificate for Payment where applicable and consistent with industry guidelines. DEVELOPER will pay appropriate invoices and then forward copies of paid invoices to REDEVELOPMENT COMMISSION at the following address: South Bend Redevelopment Commission 227 W. Jefferson Boulevard Suite 1400 S South Bend, IN 46601 Attention: David Relos 5.2. No draw request or statement made pursuant to this Article shall exceed the estimated amount in value of the work and services performed by a General Contractor without the prior approval of both DEVELOPER and REDEVELOPMENT COMMISSION (such approvals not to be unreasonably withheld, conditioned or delayed). 5.3. Draw Requests made by DEVELOPER, pursuant to the Disbursement Agreement, for amounts paid to General Contractors shall be made on an as-needed or as-billed basis. A written Draw Request shall be accompanied by a signed letter of transmittal from DEVELOPER and include all customary lien waivers, which includes but is not limited to lien waivers from the General Contractors, and other customary documentation. Such payments will be made directly from REDEVELOPMENT COMMISSION to the DEVELOPER within Thirty (30) days of receipt from DEVELOPER (and no such payment shall be made without DEVELOPER'S written instruction). -4 -