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d. an audited financial statement certified by an independent certified public <br />accountant showing the actual gross revenues of Developer for the tax year for which <br />application is being made. <br />The Application shall be certified by a duly authorized officer of the Developer. The City <br />Manager may approve modifications to the form of Compliance Certificate in Exhibit "D" <br />provided all of the information required in this paragraph continues to be required of Developer. <br />In addition to the above requirements, the Developer shall provide to the City documentation and <br />information, at such times and in such form as the City may reasonably request from the <br />Developer, to verify compliance with and review the status of the performance of the <br />Developer's obligations under this Agreement. <br />Section 3.05. Grant Payments by the City. Within 60 days after the receipt of a <br />complete and timely Application accompanied by supporting documents, the City will remit a <br />Grant Payment to Developer if: <br />a. funds have been appropriated for the specific purpose of making a Grant <br />Payment to Developer as part of the City's ordinary budget and appropriations approval <br />process; and <br />b. the Developer is not in default or otherwise in violation of any terms of <br />this Agreement beyond any applicable cure period. <br />Notwithstanding the foregoing, the City shall not be required to remit the first Grant Payment, <br />until Developer has obtained and submitted evidence to the City of LEED certification for the <br />New Facility as provided, but no later than the date stated, in subsection d. of Section 2.05. <br />ARTICLE 4. TERM <br />Section 4.01. Term. Unless sooner terminated under Article 5, this Agreement shall <br />Page 9 of 15 <br />N <br />