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Draft 12/8/94 <br /> <br /> Section 2.2 By the City. The City makes the following representations as the basis for <br />the undertaking on its part herein contained: <br /> <br /> (a) The City is authorized by law to enter into this Agreement and to carry out its <br />obligations hereunder; <br /> <br /> (b) The City will, in a timely manner, subject to all notification requirements, review <br />and act upon all submittals and applications of the Developer, and will cooperate with the efforts of <br />the Developer to secure the granting of any permit, license, or other approval required to allow the <br />construction of the Minimum Improvements; provided, however, that nothing contained in this <br />subparagraph shall be construed to limit in any way the reasonable and legitimate exercise of the <br />City's discretion in considering any submittal or application; <br /> <br /> (c) The activities of the City are undertaken for the purpose of fostering the <br />redevelopment of certain real property which, for a variety of reasons, is presently unutilized and <br />underutilized and for the purpose of promoting economic development and the creation of <br />employment opportunities. <br /> <br /> (d) The City will cooperate with the Developer with respect to any litigation, other than <br />litigation in which the City and the Developer are adverse parties, commence with respect to the <br />Program, or Minimum Improvements; provided, that the City shall not be obligated to incur costs <br />through the retaining of legal counsel or experts, or otherwise, in connection with such litigation. <br />The City shall pay the costs of legal counsel and experts that it may choose to retain regarding such <br />litigation. <br /> <br />Page 6' <br /> <br /> <br />