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because this additional 1.50,000 square feet will push the cumulative Project Square Footage beyond 810,000 and into Level II. (3) Notwithstanding subparagraphs (1) and (2) above of this subparagraph e, in the event the Project Square Footage as shown on Exhibit C reaches Level IV, City shall be permitted to include as additional mitigation a pro-rata fair -share allocation (the "Pro-Rata Fair -Share Allocation") of the costs of those Level IV Off -Site Improvement Obligations as shown in the "Other" column for Level IV on Exhibit "C" (the "Level IV Other Off -Site Items"). The Pro -Bata Fair Share Allocation shall be calculated using a ratio in which the numerator is the First American Acquisition Area's contribution to the need for those improvements, and the denominator is sum of (i) the contribution of the entire MacArthur Place to the need for those improvements, plus (ii) the contribution of other sites outside MacArthur Place to the need for those improvements. The Pro Rata Fair Share Allocation shall be established by the City at the time the first site plan(s) are submitted for Level IV, If permitted by the EIR, the City may adopt alternative mitigation for the Level IV Other Off -Site Items, in which case the Pro-Rata Fair Share Allocation that is imposed upon First American, or its successors under this Agreement, pursuant to this subparagraph (3), shall be the Pro-Rata Fair Share Allocation, calculated as provided hereinabove, of those alternative mitigation measures. Notwithstanding the foregoing language in this subparagraph (3) or anything else in this Agreement to the contrary: (a) First American or its successors shall not be required to expend (or in lieu thereof be charged) more than Nine Hundred Thousand Dollars ($900,000) toward the actual (not estimated) total cost for all of the following combined: Level IV of the First American Off -Site Improvement Obligations, Level IV Other Off -Site Items, and any Pro-Rata Fair Share Allocation ("First American Maximum Level IV Mitigation Requirement"), Upon expenditure or payment (or combination) by First American of the First American Maximum Level IV Mitigation Requirement, First American shall have satisfied the First American Acquisition Area Off -Site Improvement Obligations for Level IV, and City, in its discretion, shall be entitled to apply such First American Maximum Level IV Mitigation Requirement amount to one or more of the Level IV mitigation items listed in Exhibit C. (b) The City and First American, or its successors under this Agreement, shall be 394/016555-0002/3124650.19 05/26/00 - 1 0 -