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Kim. Upon notification from the First Mortgagee that it has received the Property Managers Initial Contribution to the Escrow, KlM shall deposit into the Escrow a sum equivalent to $105,000.00 plus such additional amount as is the equivalent of the sum actually deposited to the Escrow for the Property Manager's Initial Contribution, which additional sum shall not to exceed 30% of the fees actually received by the Property Management Agent for the period January 1, 2000 to September 30, 2000. ("KIM's Initial Contribution"). Thereafter for the duration of this Agreement, KIM shall make further deposits to the Escrow in those amounts and at those times as the Property Management Agent makes the Property Managers Additional Contributions, provided that such further deposits by KIM shall not exceed thirty percent (30%) of the management fees actually received by the Property Management Agent for the duration of the term of this Agreement ("KIM's Additional Contributions") and provided further that: the Borrower is not in default of the terms of the First Mortgage Loan Documents and the Participating Loan Documents; and the General Partner is not in default of the terms of this Agreement. It is contemplated and agreed to by the Parties that KlM's contributions to the Escrow are to be considered as rebates from or reductions to the sums actually paid to it as Interest pursuant to and as that term is defined in the Subordinated Note, and shall not be construed as an independent contribution of capital to the Borrower or a modification of the terms of the Subordinated Note. Further KIM's contribution to the Escrow shall not under any circumstances be construed as rebates from or reductions of the sums due from the Borrower under the terms of the Coinsured Note. Accordingly, under no circumstances shall KIM's contribution to the Escrow exceed the amount of interest it has actually received under the terms of the Subordinated Note for the periods in question.
Kim above n 24, at .