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accountant setting forth the "Net Cash Flow," "Net <br />Operating Expenses" and "Operating Expenses," as <br />defined in the Development Agreement, for the <br />immediately preceding calendar year and with such <br />back -up documentation regarding income, expenses and <br />debt service as the City may reasonably request to <br />confirm the certified public accountant's calculation of <br />"Net Cash Flow," "Net Operating Income" and <br />"Operating Expenses." The certified public accountant <br />who prepares the statement may be an employee of <br />Borrower or an Affiliate of Borrower. <br />ARTICLE IX <br />CONTINGENCY FOR RAIL STOP <br />Section 9.1 Contingency for Rail Stop. At any <br />time on or before January X28. 2011, the City or <br />Developer may terminate this Agreement by written <br />notice to the other and to the HRA and they are not <br />comfortable that the City will secure a stop on the North <br />Star Commuter Rail line and complete construction of a <br />rail stop on or before July 1, 2012. Upon such <br />termination, the parties will have no further rights or <br />obligations to the other parties under this Agreement <br />except with respect to rights or obligations that this <br />Agreement expressly states are to survive the <br />termination of this Agreement. <br />ARTICLE X <br />PARKING RAMP IMPROVEMENTS <br />Section 10.1 Parking Ramp <br />Improvements. As a part of the City's construction of <br />the Parking Ramp Addition, the City will cause its <br />contractors to construct and install the additional <br />improvements described on Exhibit H. Upon the City's <br />completion of the additional improvements described on <br />Exhibit H, Developer must reimburse the City for all <br />costs and expenses the City incurs to construct and <br />install the additional improvements described on Exhibit <br />H. <br />17 <br />