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JAH:dit -4/15/91 (006/45) <br />�19/91R <br />C. The duty of the Agency to make the payments called for <br />under this Section shall be subject also to the <br />independent judgment of the Executive Director of the <br />Agency, who has received copies of the contract <br />documents of the other two parties to this agreement <br />and who will be monitoring the progress of the <br />application for variance before the Regional Water <br />Quality Control Board. <br />3. DDA NOT AMENDED. The Developer and the Agency agree <br />that nothing in this agreement is intended to amend or modify the <br />DDA other than with respect to the Agency's rights concerning the <br />Good Faith Deposit as set forth in Section 901 of the DDA. <br />4. RESTORATION OF GOOD FAITH DEPOSIT. Promptly after the <br />DDA has been funded, the Developer shall restore to the Agency <br />whatever amount or amounts the Agency may have released from the <br />Good Faith Deposit pursuant to this agreement. <br />0 <br />