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J J tax or assessment is adopted and imposed in strict compliance with Articles XIIIA, XIHC and XMD of the California Constitution. J 3.6.2. In connection with bonds or other financings proposed to be undertaken by County or the MHCSD or pursuant to a Financing Mechanism,Developer understands and agrees that Developer and other affected property owners may be required to provide detailed background, financial and project information deemed necessary by County and/or the MHCSD or such Financing Mechanism in order to issue its bonds or obtain other financing. This information may include financial and project information necessary for County and/or the MHCSD or the Financing Mechanism to determine financial feasibility as well as other information generally expected by the capital markets for transactions of the type of financing contemplated in order to meet industry standards for disclosure. Such information may include, but is not limited to: complete financial statements for up to three (3) years from each corporation,joint venture,partnership,trust and individual owning any Property or portion thereof benefited by such public financing and obligated or assumed to make payments of taxes, fees, assessments, special taxes or other charges pursuant to or in support of said public financing("Benefited Interests"); information regarding principal owners, investors, and lenders of the Benefited Interests; previous experience, if any, of the Benefited Interests in undertaking projects of the kind contemplated under this Agreement;disclosure of the Benefited Interests' - bankruptcies,receiverships, delinquencies, defaults, tax liens, foreclosures, lawsuits, and criminal indictments and convictions, if any. Developer shall promptly provide this information to County and/or the MHCSD, the bond underwriters and/or financial advisors and/or counsels, J subject to mutual agreement of the parties, and shall cooperate with the underwriters and/or financial advisors and/or counsels to assemble and analyze all such required information. The County,MHCSD, and the underwriters, financial advisors and counsels of the agency _ responsible for issuing the debt will cooperate with Developer, subject to their fiduciary or contractual obligations to the agency responsible for issuing the debt,to protect the confidentiality of confidential or proprietary information provided by Developer to County and/or the MHCSD. Developer shall warrant and certify to the County and/or MHCSD, as _ required, and to the underwriters, financial advisors and their counsels,the accuracy and completeness of such information and shall provide any opinions of Developer's counsel reasonably requested by the County,MHCSD or their underwriters, financial advisors and their counsels. 3.6.3. The failure or inability of County to establish any such Financing Mechanism or the failure of any such Financing Mechanism to cavy out its obligations shall not relieve Developer of the requirements of the Existing Approvals and this Agreement to satisfy the requirements for the Exactions as a condition to the development of the Property or any phase thereof. 3.7. Payment of Share of Costs. - 3.7.1. To the extent not otherwise provided for in applicable Ordinances and Laws, and subject to the provisions regarding establishment of Financing Mechanisms required to implement the Existing Approvals and this Agreement,the parties intend that the Developer shall arrange for and participate in necessary financing for construction and provision of the W02-SF:FPD\61481145.2 -37- --