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ARTICLE 3. GENERAL DUTIES OF PARTIES Section 3.1 Developer's Obligations. In addition to any obligations stated elsewhere in this Agreement, the Developer shall have the following duties and responsibilities: (a) Requirements. Developer shall diligently and in good faith seek to develop and construct the Development in accordance with the requirements of this Agreement. (b) Development Schedule. Developer shall use diligent efforts to complete all tasks shown on the Schedule of Performance by the date shown on the Schedule of Performance. (c) Financing. Developer shall make diligent efforts to seek binding commitments for all construction and permanent financing, including any public funding, needed for the Development as shown in the approved Financing Plan and shall prepare or negotiate appropriate documentation to close such financing or obtain such funding. All financing placed on the Site shall be subject to the review and approval of the City which review and approval shall not be unreasonably withheld, delayed or denied. The City's response shall be given within fifteen (15) days of Developer's submission of any proposed financing. The Developer will be responsible for maximizing use of leveraged financing sources from the Low Income Housing Tax Credit program, and other housing, and community economic development funding sources, as available. (d) Approvals. Developer shall, on an ongoing and timely basis, advise the City as to the status of the processing of all applications necessary to obtain all governmental approvals required in accordance with this Agreement and all applicable federal, State and local laws, rules and regulations. Developer shall advise the City of any hearings regarding matters described in this Agreement with ten (10) days' notice, or if Developer receives less notice than that, a reasonable amount of advance notice to enable the City to elect to attend such hearings. (e) Task Force. Developer shall meet with the Task Force, as directed by the City, on matters related to the design and financing of the Development, the relocation of the residents of Kottinger Place and Pleasanton Gardens, the provision of Resident Services and the schedule outlined in the Schedule of Performance. Meetings shall take until the Developer obtains land use approvals unless otherwise extended by the City. The Developer shall provide quarterly written updates once land use approvals are obtained, until completion of construction of Phase II. (f) Indemnification. Developer shall indemnify, defend and hold harmless the City and its Council, officers, employees and agents from and against any and all losses, costs, damages, claims, causes of action, demands, suits, liabilities, obligations,judgments and expenses (including any attorney fees and other costs of litigation) arising out of or relating to any injury, disease or death of persons or damage to or loss of property resulting from or in connection with any breach by Developer or its respective agents or employees of any provision of this Agreement, or arising out of any performance of activities under this Agreement, except 9 191A52V1242198.13