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Reimbursement Agreement between City and Applied Biosystems Page 3 of 5 Section 5. Interest. Simple interest at the rate of five percent (5%) shall be added to each of the Reimbursable Fees each calendar year on January 1st, beginning on January 1, 2008. Section 6. Distribution of Reimbursable Fees. The Reimbursable Fees collected by the City pursuant to this Agreement shall be distributed in a ratio of ninety percent (90%) to Developer, and ten percent (10%) to City to offset any administration costs and expenses incurred in connection with this Agreement. Section 7. Time and Manner of Reimbursement. (a) Disbursement of Reimbursable Fees collected by the City pursuant to this Agreement shall be made to Developer within sixty (60) days of collection thereof. (b) The right to the Reimbursable Fees shall be personal to Developer and shall continue notwithstanding the subsequent sale or transfer of the Property. Developer shall have the right, in its sole discretion, to assign its interest to the Reimbursable Amounts to another person or entity at any time by providing the City written notice of such assignment. (c) Developer hereby directs that any Reimbursable Fees due to Developer pursuant to this Agreement shall be payable to and mailed to .Developer shall notify City of any change of address or risk the City being unable to send a Reimbursement Fee. Section 8. Term. Ten (10) years after the date of this Agreement, the City shall cease collecting Reimbursement Fees and Developer shall not be entitled to the receipt of any further Reimbursement Fees pursuant to this Agreement Section 9. Amendments. Any amendment or cancellation of this Agreement must be in writing, signed by the appropriate authorities for City and Developer. Section 10. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. Any action to enforce this agreement shall be filed in the Superior Court of the County of Alameda.