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identity of major consultants, tenants, investors and other parties who will have <br /> significant roles in the proposed development of the Site. <br /> Section 3. City Obligations. During the ENA Period, or any extension <br /> thereof, the City shall perform the activities set forth in Exhibit "C" attached <br /> hereto. <br /> Section 4. International Council if Shopping Centers Convention. OM <br /> prepared marketing materials necessary to professionally promote the Site to <br /> retailers and other possible tenants at the annual International Council of <br /> Shopping Centers ("ICSC") Convention in May 2005. OM arranged for and <br /> scheduled meetings and presentations to retailers and other possible tenants at <br /> the ICSC Convention at which City representatives participated in discussions <br /> regarding potential leasing at the Site. OM agreed to represent in all such <br /> meetings at the convention that all plans for the development of the Site are <br /> preliminary, and are not to be relied upon as a warranty that the Site will be <br /> developed exactly as indicated in any such communications and written <br /> materials. <br /> Secti•n 5. City C :nsultants. City has previously utilized outside consultants <br /> (the "Outside Consultants") in connection with its evaluation of the Site. In the <br /> event OM desires to engage or hire any of the Outside Consultants in order to <br /> assist OM in the performance of OM's obligations under this Agreement, City <br /> shall have the right to approve or disapprove each such engagement and to <br /> approve or disapprove such Outside Consultants' sharing with OM any work <br /> product developed in the course of their services performed for the City. All <br /> such requests and approvals shall be in writing, and shall incorporate a transition <br /> meeting with the City, OM and the Outside Consultant present. <br /> Secti n 6. Negitiatii n of the Acquisition and Development Documents. <br /> City staff and OM shall commence and use good faith efforts to complete the <br /> negotiation and preparation of the Acquisition and Development Documents for <br /> presentation to the Everett City Council on or before the end of the ENA Period, <br /> or at such later date as may be agreed between the parties hereto. <br /> Section 7. City C•cp'-r2tin. The City agrees to cooperate with OM in <br /> promptly supplying OM with any information and analyses the City has in its <br /> possession with respect to the Site, and to proceed with any supplemental <br /> analyses that may be requested by OM and approved by the City in its sole <br /> discretion with respect to the City Obligations set forth in Exhibit "C" attached <br /> hereto. All information and analysis delivered to OM by the City will be without <br /> representation or warranty as to completeness or accuracy. <br /> Section 8. Nature if greement. This Agreement is not intended to constitute <br /> a binding agreement by the City to convey all or any portion of the Site to OM, <br /> nor is it intended to constitute a binding agreement to enter into the Acquisition <br /> and Development Documents or any other contract(s); provided however, that <br /> the parties hereto agree to use their best efforts to attempt to successfully <br /> negotiate the Acquisition and Development Documents. Neither party shall be <br /> legally bound to consummate the development of the Site, unless and until the <br /> Acquisition and Development Documents or other contract(s) have been <br /> 2 <br />