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ATTACHMENT A Section 3.3 Right of Entry. (a) The Developer and its consultants shall have the right to enter upon the Kottinger Parcel and any of the Additional Parcels owned by the City during normal business hours to conduct investigations in accordance with this Agreement. The City shall cause the tenants of the Kottinger Parcel to be provided any required notices prior to the Developer's entry on to the property. In connection with such entry and investigation, the Developer shall: (i) give the City reasonable advance notice; (ii) repair and restore any damage it may cause; and (iii) deliver to the City, within twenty-one(21) days of receipt thereof, a complete copy of any investigation, test, report or study which the Developer conducts, or causes to be conducted, with respect to the Kottinger Parcel and the Additional Parcels. (b) The City shall seek to obtain from the owners of the non City-owned Additional Parcels the right for the Developer and its consultants to enter onto such Additional Parcels during normal business hours to conduct investigations in accordance with this Agreement. Section 3.4 Costs and Expenses. Except as explicitly set forth in this Agreement regarding the reimbursement of Predevelopment Expenses and payment of the Predevelopment Fee, each party shall be responsible for its owns costs and expenses in connection with any activities and negotiations undertaken in connection with this Agreement, and the performance of each party's obligations under this Agreement. Section 3.5 No Commissions. Each party represents to the other that is has not retained the services of any broker, agent or finder with respect to the Site or in connection with any matters relating to this transaction of the subject discussions, and agrees to hold the other party harmless from and against any claim for commission, fee, or other remuneration by any broker, agent, or finder under any claimed retainer for services with respect thereto. The City shall not be liable for any real estate commissions or brokerage fees that may arise from this Agreement or any DDA that may result from this Agreement, unless the City retains a broker, agent or finder. Section 3.6 Defaults and Remedies. (a) Default. Failure by either Party to negotiate in good faith as provided in this Agreement shall constitute an event of default under this Agreement. The non-defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured fifteen(15) days after receipt by the defaulting Party of such notice, the non-defaulting Party may exercise the remedies set forth in subsection (b). (b) Remedies. (I) In the event of an uncured default by the City, the Developer may elect the following remedies: (i) terminate this Agreement in which case following such termination, neither Party shall have any further right, remedy or obligation under this 9