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(b) Up to fifty percent (50%) of the costs of the Verotown Improvements <br />identified in paragraph (a) above will be eligible for reimbursement to Verotown from the <br />Capital Reserve Account. After the successful and timely completion of the Verotown <br />Improvements identified in paragraph (a) above, future Capital Improvements, including <br />any replacement of or supplement to the Verotown Improvements (e.g., carpeting may <br />require further replacement) that are approved by the County in accordance with the <br />terms and conditions set forth in this Agreement, will be eligible for full reimbursement <br />from the Capital Reserve Account to the extent funds are available or will become <br />available. The fifty percent (50%) reimbursement limitation shall not apply to projects <br />not included as Verotown Improvements identified in paragraph (a) above or any <br />replacements of or supplements thereto. Notwithstanding the foregoing, in the event <br />Verotown terminates this Agreement due to the County's Default hereunder, (1) the <br />Verotown Improvements identified in paragraph (a) will be eligible for reimbursement to <br />Verotown by the County in accordance with Section 8.03(c) of this Agreement as follows <br />(and at all time subject to the cap set forth in Section 8.03(c)): (i) one hundred percent <br />(100%) of Verotown's actual costs set forth in a valid Requisition Request (if submitted <br />within thirty (30) days after such termination for expenses incurred prior to the <br />termination) if such termination occurs within the first Lease Year; (ii) ninety percent <br />(90%) of Verotown's actual costs set forth in a valid Requisition Request (if submitted <br />within thirty (30) days after such termination for expenses incurred prior to the <br />termination) if such termination occurs during Lease Years two and three; (iii) eighty <br />percent (80%) of Verotown's actual costs set forth in a valid Requisition Request (if <br />submitted within thirty (30) days after such termination for expenses incurred prior to the <br />termination) if such termination occurs during Lease Years four and five; and (iv) <br />seventy percent (70%) of Verotown's actual costs set forth in a valid Requisition Request <br />(if submitted within thirty (30) days after such termination for expenses incurred prior to <br />the termination) if such termination occurs during Lease Year six or any Lease Year <br />thereafter during the Initial Term or any Renewal Terms and (2) Verotown shall use best <br />efforts to cause its contractors to complete any projects where the contractors have been <br />paid for work not yet completed as of the termination date, and the County shall permit <br />Verotown and its contractors to access the Facility after such termination in connection <br />therewith. Further, Verotown will reasonably pursue any remedies available to it under <br />such construction contract at the County's sole cost and expense or assign the <br />construction contract to the County if assignable. <br />Section 8.06. Construction Requirements. Subject to the terms and conditions of this <br />Agreement, Verotown, in performing the roofing repair and replacement projects set forth in <br />Section 8.04(b) on behalf of the County, the Verotown Improvements set forth in Section <br />8.05(a), and any future Capital Improvements agreed to by the parties and the County in <br />performing the County Improvements (but, as to the County limited to Section 8.06 (h), (i), 0), <br />(o), and (p) below) (the "Projects"), shall: <br />(a) Exercise good faith commercially reasonable efforts to complete the <br />Projects in a safe, good, and workmanlike manner within the times established in the <br />Agreement and in the most expeditious and economical manner; <br />24 <br />