Common use of Construction Plans Clause in Contracts

Construction Plans. (a) Before Closing, Developer shall submit to the Authority the Construction Plans. The Authority will approve such Construction Plans in writing if: (i) such Construction Plans conform to the terms and conditions of this Agreement; (ii) such Construction Plans conform to the goals and objectives of the Development Plan between Developer and the City; (iii) such Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) such Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to Developer for construction of the Minimum Improvements; and (vi) no Event of Default has occurred. No approval by the Authority shall relieve Developer of the obligation to comply with the terms of this Agreement or of the Development Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in part, Developer shall submit new or corrected Construction Plans within 30 days after written notification to Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If Developer desires to make any material change in the Construction Plans after their approval by the Authority, Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 days after receipt of the notice of such change to the Construction Plans. The Authority’s approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Nothing in this paragraph will relieve Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements.

Construction Plans.  (a) Before Closingcommencing construction of the Developer Improvements, the Master Developer shall submit to the City and the Authority Construction Plans for the Construction PlansDeveloper Improvements that conform with the Developer Improvements Requirements. The Construction Plans shall provide for the construction of the Developer Improvements and shall be in conformity with this Agreement, the Redevelopment Plan and all applicable State and local laws and regulations. The City and the Authority will approve such the Construction Plans in writing if: if (i) such the Construction Plans conform to the all terms and conditions of this Agreement; (ii) such the Construction Plans conform to the goals and objectives of the Development Plan between Developer and the CityRedevelopment Plan; (iii) such the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) such the Construction Plans are adequate to provide for construction of the Minimum Developer Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Master Developer for construction of the Minimum Developer Improvements; and (vi) no Event of Default has occurred. No approval by the City or the Authority shall relieve the Master Developer of the obligation to comply with the terms of this Agreement or of the Development PlanAgreement, applicable federal, state State and local laws, ordinances, rules and regulations, or to construct the Minimum Developer Improvements in accordance therewith. No approval by the City or the Authority shall constitute a waiver of an Event of Default. If approval The City and the Authority shall notify the Master Developer of any rejection of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ in writing at the time of submissionPlans, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall and set forth in detail the reasons thereforefor the rejection, and shall be made within 30 twenty (20) days after the date of their receipt by the AuthorityCity and the Authority receive final plans from the Master Developer. If the City or the Authority rejects any Construction Plans in whole or in part, the Master Developer shall submit new or corrected Construction Plans within 30 twenty (20) days after written notification to the Master Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the City and the Authority. The City and the Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Developer Improvements, constructed in accordance with said plans) comply to the City and the Authority’s satisfaction with the provisions of this Agreement relating thereto. The City (and as applicable, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of State and the Minimum Improvements, rather such approvals County) shall be governed by City ordinances, policies and procedures. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of approve the Construction Plans by pursuant to their customary approval process.  (b) If the Authority and/or Master Developer desires to make any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect Material Change in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If Developer desires to make any material change in the Construction Plans component thereof after their approval by the City and the Authority, the Master Developer shall submit the proposed change to the City and the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the City and the Authority shall approve the proposed change and notify the Master Developer in writing of its approval. Such change in The City and the Authority shall notify the Master Developer of any rejection of the Construction Plans shallPlans, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to Developer, setting and set forth in detail the reasons therefor. Such rejection shall be made for the rejection, within 20 twenty (20) days after receipt of the notice of such change to date the Construction PlansCity and the Authority receive final plans from the Master Developer. The Authority’s approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Nothing in this paragraph will relieve Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements.

Construction Plans. (a) The parties agree and understand that the Minimum Improvements will be constructed under a so-called "design-build" strategy. Before Closingcommencement of construction of each component the Minimum Improvements for which a municipal permit is issued, the Developer shall submit to the Authority Construction Plans for such component. The Construction Plans shall provide for the Construction Plansconstruction of the relevant component of the Minimum Improvements and shall be in substantial conformity with the Redevelopment Plan, this Agreement, and all applicable State and local laws and regulations. The Authority will approve such the Construction Plans in writing if: ; (i) such the Construction Plans conform to the terms and conditions of this Agreement; (ii) such Construction Plans conform to the goals and objectives of the Development Plan between Developer and the City; (iii) such Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iviii) such the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to Developer for construction of the Minimum Improvements; and (viiv) no Event of Default has occurred. No approval by the Authority shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Redevelopment Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the Authority. The Authority’s 's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, if constructed in accordance with said plans) comply to the Authority’s 's satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If If, prior to issuance of the Certificate of Completion, the Developer desires to make any material change in the Construction Plans after their approval by the AuthorityAuthority which would substantially alter the scope of the work contemplated thereby or decrease the value of the Minimum Improvements (including land) below $6,200,000, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 ten (10) days after receipt of the notice of such change to the Construction Planschange. The Authority’s 's approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Nothing in this paragraph will relieve Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements.

Construction Plans. (a) Before Closingthe EDA makes any disbursements of Loan proceeds under Article III, Developer the Association shall submit the Construction Plans to the Authority City Building Official, who shall review such plans on behalf of the Construction PlansEDA. The Authority Construction Plans shall provide for the construction of the Housing Improvements and shall be in conformity with this Agreement, and all applicable State and local laws and regulations. The City Building Official will approve such the Construction Plans in writing if: (i) such the Construction Plans conform to the terms and conditions of this Agreement; (ii) such Construction Plans conform to the goals and objectives of the Development Plan between Developer and the City; (iii) such Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iviii) such the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to Developer for construction of the Minimum Housing Improvements; and (viiv) no Event of Default has occurred. No approval by the Authority City Building Official shall relieve Developer the Association of the obligation to comply with the terms of this Agreement or of the Development PlanAgreement, applicable federal, state state, and local laws, ordinances, rules and regulations, or to construct the Minimum Housing Improvements in accordance therewith. No approval by the Authority City Building Official shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ the Association in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the AuthorityCity Building Official, in whole or in part. Such rejections shall set forth in detail the reasons therefore, therefore and shall be made within 30 days after the date of their receipt by the AuthorityCity Building Official. If the Authority City Building Official rejects any Construction Plans in whole or in part, Developer the Association shall submit new or corrected Construction Plans within 30 days after written notification to Developer the Association of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the AuthorityCity Building Official. The AuthorityCity Building Official’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Housing Improvements, constructed in accordance with said plans) comply to the AuthorityCity Building Official’s satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If Developer the Association desires to make any material change in the Construction Plans after their approval by the AuthorityCity Building Official, Developer the Association shall submit the proposed change to the Authority City Building Official for its approval. For the purposes of this Section, a “material change” means any change that (i) increases or decreases the total cost of the Housing Improvements by more than $10,000 or (ii) involves any change in construction materials or design that reasonably requires review for compliance with state and local laws and regulations. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority City Building Official shall approve the proposed change and notify Developer the Association in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority City Building Official unless rejected, in whole or in part, by written notice by the Authority City Building Official to Developerthe Association, setting forth in detail the reasons therefor. Such rejection shall be made within 20 10 days after receipt of the notice of such change to the Construction Planschange. The AuthorityCity Building Official’s approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Nothing in this paragraph will relieve Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements.

Construction Plans. (a) Before Closingthe City makes any disbursements of Loan proceeds under Article III, Developer the Association shall submit the Construction Plans to the Authority City Building Official, who shall review such plans on behalf of the Construction PlansCity. The Authority Construction Plans shall provide for the construction of the Housing Improvements and shall be in conformity with this Agreement, and all applicable State and local laws and regulations. The City Building Official will approve such the Construction Plans in writing if: (i) such the Construction Plans conform to the terms and conditions of this Agreement; (ii) such Construction Plans conform to the goals and objectives of the Development Plan between Developer and the City; (iii) such Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iviii) such the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to Developer for construction of the Minimum Housing Improvements; and (viiv) no Event of Default has occurred. No approval by the Authority City Building Official shall relieve Developer the Association of the obligation to comply with the terms of this Agreement or of the Development PlanAgreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Housing Improvements in accordance therewith. No approval by the Authority City Building Official shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ the Association in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the AuthorityCity Building Official, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the AuthorityCity Building Official. If the Authority City Building Official rejects any Construction Plans in whole or in part, Developer the Association shall submit new or corrected Construction Plans within 30 days after written notification to Developer the Association of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the AuthorityCity Building Official. The AuthorityCity Building Official’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Housing Improvements, constructed in accordance with said plans) comply to the AuthorityCity Building Official’s satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If Developer the Association desires to make any material change in the Construction Plans after their approval by the AuthorityCity Building Official, Developer the Association shall submit the proposed change to the Authority City Building Official for its approval. For the purposes of this Section, a “material change” means any change that (i) increases or decreases the total cost of the Housing Improvements by more than $25,000 or (ii) involves any change in construction materials or design that reasonably requires review for compliance with state and local laws and regulations. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority City Building Official shall approve the proposed change and notify Developer the Association in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority City Building Official unless rejected, in whole or in part, by written notice by the Authority City Building Official to Developerthe Association, setting forth in detail the reasons therefor. Such rejection shall be made within 20 10 days after receipt of the notice of such change to the Construction Planschange. The AuthorityCity Building Official’s approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Nothing in this paragraph will relieve Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements.

Construction Plans. (a1) Before ClosingPrior to the commencement of construction of the Project, the Developer shall submit will deliver to the Authority the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance acceptable to the Authority. The Authority will approve such Construction Plans for the Project shall be consistent with the Project Plan, this Agreement, and all applicable State and local laws and regulations and the Site Plan and Design Drawings previously submitted to the Authority. The City ’s building official and the Executive Director of the Authority, on behalf of the Authority shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving the Construction Plans or a written statement rejecting the Construction Plans and specifying the deficiencies in writing the Construction Plans. The City’s building official and the Executive Director of the Authority on behalf of the Authority shall approve the Construction Plans if: (i) such the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) such the Construction Plans conform to are consistent with the goals and objectives of the Development Plan between Developer and the CityProject Plan; (iii) such the Construction Plans conform to all comply with the Site Plan and Design Drawings; and (iv) the Construction Plans do not violate any applicable federal, state and State or local laws, ordinances, rules and or regulations; (iv) such . If the Construction Plans are adequate to provide for construction of not approved by the Minimum Improvements; (v) Authority, then the Developer shall make such changes as the Authority may reasonably require and resubmit the Construction Plans do to the Authority for approval, which will not provide be unreasonably withheld, unreasonably conditioned or unreasonably delayed. The Authority acknowledges that upon execution of this Agreement the Developer will have submitted Construction Plans sufficient to obtain a grading permit for expenditures in excess the Project. (2) The approval of the funds available Construction Plans, or any proposed amendment to Developer for construction of the Minimum Improvements; and (vi) no Event of Default has occurred. No approval Construction Plans, by the Authority shall relieve Developer of the obligation to comply with the terms of this Agreement does not constitute a representation or of the Development Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval warranty by the Authority shall that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the Authority will not constitute a waiver of an Event of Default. If Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in part, Developer shall submit new or corrected Construction Plans within 30 days after written notification to Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by from any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authoritydepartment. (b) If Developer desires to make any material change in the Construction Plans after their approval by the Authority, Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 days after receipt of the notice of such change to the Construction Plans. The Authority’s approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Nothing in this paragraph will relieve Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements.

Construction Plans. (a) Before Closingcommencement of construction of each Component of the Minimum Improvements, the Developer shall submit to the Authority the City Construction Plans. The Authority Construction Plans shall provide for the construction of the relevant improvements and shall be in material conformity with the Development Plan, the PUD, this Agreement, and all applicable State and local laws and regulations. The City Representative will approve such the Construction Plans in writing if: (i) such the Construction Plans materially conform to the terms and conditions of this Agreement; (ii) such the Construction Plans materially conform to the goals and objectives of the Development Plan between Developer and the CityPUD; (iii) such the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) such the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to Developer for construction of the Minimum Improvementsrelevant improvements; and (viv) no Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction Plans and shall be conclusive evidence that Developer has satisfied its obligations under this Section. No approval by the Authority City Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority City Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the AuthorityCity Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the AuthorityCity. If the Authority City Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the AuthorityCity. The AuthorityCity Representative’s approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, Improvements constructed in accordance with said plans) comply to the AuthorityCity’s satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If Developer desires to make any material change in the Construction Plans after their approval by the Authority, Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 days after receipt of the notice of such change to the Construction Plans. The Authority’s approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Nothing in this paragraph will relieve Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements.

Construction Plans. (a) Before Closingcommencing construction of the Minimum Improvements, Developer the Develoepr shall submit to the Authority the Construction Plans. The Construction Plans shall provide for construction of the Minimum Improvements and shall be in conformity with this Agreement, the TIF Plan, and all applicable State and local laws and regulations. The Authority will shall approve such the Construction Plans in writing (which shall be conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if, in the reasonable discretion of the Authority: (i) such the Construction Plans conform to the terms and conditions of this Agreement; (ii) such the Construction Plans conform to the goals and objectives of the Development Plan between Developer and the CityDistrict Plan; (iii) such the Construction Plans conform to all applicable federal, state and local lawslaw, ordinances, rules and regulations; (iv) such the Construction Plans are adequate to provide for the construction of the subject Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds which will be available to the Developer for the construction of the Minimum Improvements; and (vi) no Event of Default has occurredoccurred or is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2. No approval by the Authority under this Section 3.2 shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development PlanAgreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewithImprovements. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons thereforetherefor based upon the criteria set forth in (i) through (vi) above, and shall be made within 30 thirty (30) days after the date of their receipt by of final plans from the AuthorityDeveloper. If the Authority fails to reject any Construction Plans submitted to the Authority within said thirty (30) day period, the Authority shall be deemed to have approved such plans. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 twenty (20) days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans (and the Minimum Improvements, Improvements if constructed in accordance with said plans) pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. The Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If the Developer desires to make any material change Material Change in the any Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 days after receipt of the notice of such change to the Construction Plans. The Authority’s approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Nothing in this paragraph will relieve Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements.

Construction Plans. (a) Before Closingcommencing construction of the Minimum Improvements, Developer the Redeveloper shall submit to the Authority the Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the Development Program and all applicable State and local laws and regulations. The Authority will approve such the Construction Plans in writing if: (which approval shall conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if (i) such the Construction Plans conform to the all terms and conditions of this Agreement; (ii) such the Construction Plans conform to the goals and objectives of the Development Plan between Developer and the CityProgram; (iii) such the Construction Plans conform to all applicable federal, state State and local laws, ordinances, rules and regulations; (iv) such Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Redeveloper certifies that the Redeveloper reasonably anticipates that the Construction Plans do not provide for expenditures in excess of the funds available to Developer the Redeveloper for construction of the Minimum Improvements; and (vi) no Event of Default has occurredoccurred and remains outstanding. No approval by the Authority shall relieve Developer the Redeveloper of the obligation to comply with the terms of this Agreement or of the Development PlanAgreement, applicable federal, state State, and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ the Redeveloper in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons thereforetherefor based upon the criteria set forth in (i) through (vi) above, and shall be made within 30 twenty (20) days after the date of their receipt by of final plans from the AuthorityRedeveloper. If the Authority fails to reject any Construction Plans submitted to the Authority within said twenty- (20) day period, the Authority shall be deemed to have approved such plans. If the Authority rejects any Construction Plans in whole or in part, Developer the Redeveloper shall submit new or corrected Construction Plans within 30 twenty (20) days after written notification to Developer the Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans (and the Minimum Improvements, Improvements if constructed in accordance with said plans) pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. Developer The Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If Developer the Redeveloper desires to make any material change in the Construction Plans or any component thereof after their approval by the Authority, Developer the Redeveloper shall submit the proposed change to the Authority for its approval. For the purpose of this Section 4.2, the term “material” means changes that increase or decrease construction costs by 10% or more of the total construction costs. If the Construction Plans, as modified by the proposed material change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed material change and notify Developer the Redeveloper in writing of its approval. Such material change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to Developerthe Redeveloper, setting forth in detail the reasons therefor. Such rejection shall be made within 20 ten (10) days after receipt of the notice of such change to the Construction Plansmaterial change. The Authority’s approval of any such material change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Nothing in this paragraph will relieve Developer of No Authority approval is required for any change to the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will Plans that is not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvementsmaterial as defined herein.

Construction Plans. (a) Before Closingcommencing construction of the Minimum Improvements, the Developer shall submit to the Authority the completed Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the Development Program, the TIF Plan, this Agreement, and all applicable State and local laws and regulations. The Authority will approve such the Construction Plans in writing if: (i) such the Construction Plans conform to the terms and conditions of this Agreement; (ii) such the Construction Plans conform to the goals and objectives of the Development Plan between Developer and the CityProgram; (iii) such the Construction Plans conform to all applicable federal, state State and local laws, ordinances, rules and regulations; (iv) such the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess include exterior front and side walls constructed of the funds available to Developer for construction of the Minimum Improvementsclay brick; and (vi) no Event of Default has occurred. No approval by the Authority shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development PlanProgram, applicable federal, state State and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons thereforetherefor, and shall be made within 30 days after the date of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If the Developer desires to make any material change in the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 ten (10) days after receipt of the notice of such change to the Construction Planschange. The Authority’s approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Nothing in this paragraph will relieve Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements.

Construction Plans. (a) Before Closingcommencing construction of the Minimum Improvements and the Public Improvements, the Developer shall submit to the City and the Authority Construction Plans for the Construction PlansMinimum Improvements and the Public Improvements. The Authority Construction Plans shall provide for the construction of the Minimum Improvements and the Public Improvements and shall be in conformity with the Development Program, this Agreement, and all applicable State and local laws and regulations. The City Representative and the will approve such the Construction Plans in writing if: (i) such the Construction Plans conform to the terms and conditions of this Agreement; (ii) such the Construction Plans conform to the goals and objectives of the Development Plan between Developer and the CityProgram; (iii) such the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) such the Construction Plans are adequate to provide for construction of the Minimum Improvements and the Public Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources for construction of the Minimum Improvements and the Public Improvements; and (vi) no Event of Default has occurredDefault. Approval may be based upon a review by the Building Official of the City of the Construction Plans. No approval by the Authority City Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Planof, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements and the Public Improvements in accordance therewith. No approval by the Authority City Representative shall constitute a waiver of an Event of DefaultDefault has occurred. If approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the AuthorityCity Representative, in whole or in part. Such rejections shall set forth in detail the reasons thereforetherefor, and shall be made within 30 thirty (30) days after the date of their receipt by the AuthorityCity. If the Authority City Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 thirty (30) days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the AuthorityCity Representative. The AuthorityCity Representative’s approval shall not be unreasonably withheld, conditioned, or delayed. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, Improvements and the Public Improvements constructed in accordance with said plans) comply to the AuthorityCity’s satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. The Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority City and/or any changes in the Construction Plans requested by the AuthorityCity. Neither the Authority City, nor any employee or official of the Authority City shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the AuthorityCity. (b) If the Developer desires to make any material change in the Construction Plans after their approval by the AuthorityCity, the Developer shall submit the proposed change to the Authority City for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority City shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority City unless rejected, in whole or in part, by written notice by the Authority City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 ten (10) days after receipt of the notice of such change to the Construction Planschange. The AuthorityCity’s approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Nothing in this paragraph will relieve Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements.

Construction Plans. (a) Generally. Before Closingcommencing construction of the Minimum Improvements or any portion thereof, Developer shall submit to the Authority the EDA Construction PlansPlans for such Phase or portion thereof. The Authority City’s chief building official, City Assessor and the Executive Director of the EDA will review and approve all Construction Plans on behalf of the EDA, and for the purposes of this Section the term “EDA” means those named officials. The Construction Plans shall provide for the construction of the Minimum Improvements (or relevant portion thereof) and shall be in conformity with this Agreement and all applicable State and local laws and regulations. The EDA will approve such the Construction Plans in writing or by issuance of a permit if: (i) such the Construction Plans conform to the all terms and conditions of this Agreement; , (ii) such Construction Plans conform to the goals and objectives of the Development Plan between Developer and the City; (iii) such Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations, including without limitation the Housing Assistance Policy; (iviii) such the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to Developer for construction of the Minimum Improvementssubject Phase or relevant portion thereof); and (viiv) there is no uncured Event of Default has occurredDefault. No approval by the Authority EDA shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development PlanAgreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority EDA shall constitute a waiver of an Event of Default, or waiver of any State or City building or other code requirements that may apply. If As soon as feasible, but not later than 20 days after receipt of complete Construction Plans and permit applications for the subject Phase, the EDA will either approve the Construction Plans in writing or deliver to Developer an initial review letter describing any comments or changes requested by EDA staff; provided, however that if the EDA staff provide neither a review letter describing any comments or requested changes nor written approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ in writing at within such 20 day period, the time of submission, such applicable Construction Plans shall will be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in part, Developer shall submit new or corrected Construction Plans within 30 days after written notification to Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the AuthorityEDA. If the EDA provides comments or changes to the Construction Plans for a Phase, then, thereafter, the parties shall negotiate in good faith regarding final approval of such Construction Plans. The AuthorityEDA’s approval shall not be unreasonably withheld, conditioned or delayed. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, subject Phase to be constructed in accordance with said plans) comply to the AuthorityEDA’s satisfaction with the provisions of this Agreement relating thereto, thereto but any approvals by the Authority EDA hereunder will not constitute approval by any City officials regarding any City requirements requirement related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority EDA and/or any changes in the Construction Plans requested by the AuthorityEDA in connection with approving the Construction Plans, except for any failure by EDA to perform its obligations under this Section. Neither the Authority EDA, the City, nor any employee or official of the Authority EDA or City shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the AuthorityEDA. (b) If Developer desires to make any material change in the Construction Plans after their approval by the Authority, Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 days after receipt of the notice of such change to the Construction Plans. The Authority’s approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Nothing in this paragraph will relieve Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements.

Construction Plans. (a) Before Closingconstruction of the Minimum Improvements is commenced, the Developer shall submit to the Authority City the Construction Plans. The Authority Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement and all applicable State and local laws and regulations. The City will approve such the Construction Plans in writing if: (i) such the Construction Plans conform to the terms and conditions of this Agreement; (ii) such Construction Plans conform to the goals and objectives of the Development Plan between Developer and the City; (iii) such Construction Plans conform to all applicable federal, state State and local laws, ordinances, rules and regulations; (iviii) such the Construction Plans are adequate to provide for construction of the Minimum Improvements; (viv) materials and exterior finishes are similar in quality and appearance to existing buildings on the Construction Plans do not provide for expenditures in excess of the funds available to Developer for construction of the Minimum ImprovementsDevelopment Property; and (viv) no Event of Default by the Developer has occurredoccurred and is continuing under this Agreement. No approval of the Construction Plans by the Authority City shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development PlanAgreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval of the Construction Plans by the Authority City shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the AuthorityCity, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within promptly, but in no event later than 30 days after the date of their receipt by the AuthorityCity. If the Authority City rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the AuthorityCity. The AuthorityCity’s approval shall not be unreasonably withheldwithheld or delayed. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the AuthorityCity’s satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If the Developer desires to make any material change in the Construction Plans after their approval by the AuthorityCity, the Developer shall submit the proposed change to the Authority City for its approval. For this Agreement, the following changes will be considered “material”: (1) changes that reduce the square footage of the Minimum Improvements by more than 15%; (2) changes which reflect a change in the basic use of the Minimum Improvements; (3) changes which would adversely affect the value (for property tax purposes) of the Minimum Improvements to the extent that such changes (independent of other factors) would be likely to reduce such value below than $100 per square foot. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority City shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority City unless rejected, in whole or in part, by written notice by the Authority City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 days after receipt of the notice of such change to the Construction Planschange. The AuthorityCity’s approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned withheld or delayed. (c) The approval of Construction Plans by the City under this Section 4.2 is for the purposes of this Agreement only. Nothing in this paragraph will relieve The Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and must also obtain any approvals necessitated by the Authority hereunder will not constitute approval by City’s planning and zoning requirements. The County has no responsibility with respect to approving Construction Plans or any City officials regarding any City requirement related to construction other requirements of the Minimum Improvementsthis Section.

Construction Plans. (a) Before Closingthe EDA makes any disbursements of Loan proceeds under Article III, Developer the Association shall submit the Construction Plans to the Authority City Building Official, who shall review such plans on behalf of the Construction PlansEDA. The Authority Construction Plans shall provide for the construction of the Housing Improvements and shall be in conformity with this Agreement, and all applicable State and local laws and regulations. The City Building Official will approve such the Construction Plans in writing if: (i) such the Construction Plans conform to the terms and conditions of this Agreement; (ii) such Construction Plans conform to the goals and objectives of the Development Plan between Developer and the City; (iii) such Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iviii) such the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to Developer for construction of the Minimum Housing Improvements; and (viiv) no Event of Default has occurred. No approval by the Authority City Building Official shall relieve Developer the Association of the obligation to comply with the terms of this Agreement or of the Development PlanAgreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Housing Improvements in accordance therewith. No approval by the Authority City Building Official shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by ▇▇▇▇▇▇▇▇▇ the Association in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the AuthorityCity Building Official, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the AuthorityCity Building Official. If the Authority City Building Official rejects any Construction Plans in whole or in part, Developer the Association shall submit new or corrected Construction Plans within 30 days after written notification to Developer the Association of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the AuthorityCity Building Official. The AuthorityCity Building Official’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Housing Improvements, constructed in accordance with said plans) comply to the AuthorityCity Building Official’s satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If Developer the Association desires to make any material change in the Construction Plans after their approval by the AuthorityCity Building Official, Developer the Association shall submit the proposed change to the Authority City Building Official for its approval. For the purposes of this Section, a “material change” means any change that (i) increases or decreases the total cost of the Housing Improvements by more than $10,000 or (ii) involves any change in construction materials or design that reasonably requires review for compliance with state and local laws and regulations. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority City Building Official shall approve the proposed change and notify Developer the Association in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority City Building Official unless rejected, in whole or in part, by written notice by the Authority City Building Official to Developerthe Association, setting forth in detail the reasons therefor. Such rejection shall be made within 20 10 days after receipt of the notice of such change to the Construction Planschange. The AuthorityCity Building Official’s approval of any such change in the Construction Plans will not be unreasonably withheld, conditioned or delayed. Nothing in this paragraph will relieve Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements.