Extract to table

All costs and expenses of the Consultant arising under this engagement shall be borne by the Borrower Parties as further described in Section 5 below

This letter, when countersigned by the Consultant and acknowledged by the Lender Parties, shall constitute a binding agreement among the parties hereto (this "Engagement Letter") with respect to the matters described herein

Capitalized terms used but not otherwise defined in this Engagement Letter shall have the meanings ascribed to them in the Senior Loan Agreement

Scope of Services The Consultant shall provide the following services in connection with the Project: 3

2 Monthly Site Inspections During the term of this Engagement Letter, the Consultant shall conduct a minimum of one (1) physical site inspection per calendar month at the Project Site

During each such inspection, the Consultant shall observe and report on the following: (a) the progress of construction relative to the Approved Schedule, including an assessment of whether critical-path milestones are being met; (b) the quality of workmanship and the quality and suitability of materials being incorporated into the work; (c) general site safety conditions and housekeeping practices, to the extent observable during a walk-through inspection (it being understood that Consultant shall have no responsibility for site safety, which remains the exclusive responsibility of the General Contractor as further provided in Section 10