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Commencement Date and the day immediately preceding the fourth anniversary of the Commencement Date. whether or not the tenants have actually paid those amounts. (the "Shortfall Amount "). The Developer must also provide the HRA with copies of leases and such other books and records of the Developer as the HRA may reasonably request to permit the HRA to confirm the accuracy of the Developer's calculation. The HRA may also contact current and former tenants of the Retail Space to confirm the accuracy of the information the Developer provides. Within ninety (90) days following the HRA's receipt of the materials described above. the HRA must pay the Shortfall Amount to the Developer in wire transferred funds or notify the Developer that the HRA disputes the Developer's calculation of the Shortfall Amount. If the HRA notifies the Developer that the HRA disputes the Shortfall Amount, the HRA must provide the Developer with the HRA's calculation of the Shortfall Amount. Within thirty (30) days following the Developer's receipt of the HRA's calculation of the Shortfall Amount. the Developer must either notify the HRA that the Developer accepts the HRA's calculation of the Shortfall Amount, in which case the HRA must promptly pay such amount to the Developer. or the Developer must commence an action in Anoka County District Court seeking a judicial determination of the Shortfall Amount. If the Developer does neither during said thirty (30) day period, the Developer is conclusively deemed to have accepted the HRA's determination of the Shortfall Amount. 2695614v62 X12/220/10 7. Restrictions on Leasing. 7.1 The Developer may not lease the Retail Space to a related party without the written consent of the HRA which consent the HRA may not unreasonable withhold or delay. 7.2 The Developer may not enter into a lease of less than all of the Retail Space without the written consent of the HRA which consent the HRA may grant or withhold in the HRA's sole and absolute discretion. 7.3 The Developer may not enter into a lease of the Retail Space with a fixed term that is less than (a) twelve months; or (h) the number of months between the Commencement Date of the Lease and the Termination Date. without the HRA's written consent which consent the HRA may grant or withhold in the HRA's sole and absolution discretion. 7.4 The Developer may not enter into a Lease of the Retail Space under which the Gross Rent or Gross Rent Equivalent that the tenant is obligated to pay during any portion of the period between the first anniversary of the Commencement Date and the day immediately preceding the fourth anniversary of the Commencement Date is less than or equal to $12 per square foot per year unless Developer first obtains the written consent of the HRA which consent the HRA may grant or withhold in the HRA sole and absolute discretion. B -3