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<br />subsequent set forth in Sections 5.1 and 5.2 below following completion of the BCDC <br />Improvements (collectively, the "Conditions Subsequent"): <br /> <br />5.1 Notice of Completion. Within five (5) calendar days following <br />completion of the BCDC Improvements or acceptance of the BCDC Improvements by <br />BCDC, as appropriate, the City shall both (i) provide written notice of such completion to <br />Licensor and (ii) complete and record with the San Mateo County Recorãer a notice of <br />completion with respect to the BCDC Improvements, as applicable, which notice of <br />completion shall comply in all respects with the requirements of California Civil Code <br />Section 3093. If the City fails to record such notice of completion within such five (5) <br />day period, then Licensor shall have the right, but not the obligation, to record a notice of <br />completion with respect to such work. <br /> <br />5.2 Final Payment and Unconditional Lien Releases ana Waivers. <br />Promptly following completion of the BCDC Improvements, the City shall deliver to <br />Licensor the following: <br /> <br />5.2.1 Written certification from the City's engineer and architect <br />that the BCDC Improvements have been finally completed in compliance with the BCDC <br />Permit. <br /> <br />5.2.2 Written evidence in form and substance satisfactory to <br />Licensor that the City has paid (or caused to be paid) in full all sums owing to all <br />Contractors under the Construction Contracts and otherwise paid in full all engineers, <br />architects, design professionals, consultants, subcontractors, materialmen, suppliers and <br />other persons providing labor or materials with respect to the BCDC Improvements. <br /> <br />5.2.3 Copies of unconditional waivers and lien releases upon final <br />payment (in the form prescribed by California Civil Code Sectioll-3262) from all <br />Contractors, engineers, architects, design professionals and consultants, and from any <br />subcontractors, materialmen, suppliers and other persons providing labor or materials <br />with respect to the BCDC Improvements who have filed a preliminary twenty (20) day <br />notice with the City. <br /> <br />6. Default by Licensees. If the City or any of the Licensee Group should <br />breach any of the covenants set forth in this Agreement or default in the performance of <br />any of its or the Licensee Group's obligations hereunder, then Licensor shall give the City <br />written notice of such breach or default and the City shall have thirty (30) calendar days <br />following receipt of such written notice in which to cure such breach or default; provided, <br />however, that if the nature of such breach or default is such that it cannot reasonably be <br />cured within such thirty (30) day period, then the City shall not be deemed to be in default <br /> <br />8 <br /> <br />--_. 1r- <br />