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7. SCHEDULE. <br /> A. Time is of the essence in performance of this Agreement. <br /> B. Developer shall complete construction of the 2200 block of Broadway <br /> Streetscape Improvements by February 15, 2006. The remaining Streetscape <br /> improvements shall be completed by April 1, 2006, subject to such exceptions and time <br /> extensions allowable under Section 16 — Force Majeure. If it appears that construction <br /> of the Project will be substantially delayed beyond this date, City, Agency and <br /> Developer shall meet and confer regarding a schedule for completion of Streetscape <br /> Improvements. <br /> C. Irrespective of the dates specified in this Paragraph 6B, prior to the <br /> opening of any business in the Project, the Streetscape Improvements on that entire <br /> block frontage shall be substantially complete so that pedestrians and vehicles can <br /> safely travel along said frontage. <br /> D. Developer, Contractors and Consultants shall perform in accordance with <br /> the Schedule of Performance provided that City and Agency shall grant reasonable <br /> extensions of time for the performance of such services made necessary by <br /> unavoidable delays beyond the control of Developer, his Contractors and Consultants, <br /> such as delays in governmental reviews of Developer's work other than those related to <br /> the quality of the work or by delays or other deficiencies in the Developers' work or that <br /> of the Contractors or Consultants;. <br /> E. Developer acknowledges the importance to City and Agency of the <br /> Schedule of PerFormance and agrees to put forth, and to require its Contractors and <br /> Consultants to put forth, reasonable commercial efforts to perform the Services in <br /> accordance with the Schedule of Performance. <br /> 8. TERM; TERMINATION. <br /> A. The term of this Agreement shall commence upon the date first herein <br /> above written. <br /> B. This Agreement may be terminated by the City and Agency at any time for <br /> convenience after seven (7) days' written notice to the Developer. In the event of <br /> termination under this section (B), Developer shall be paid its compensation for <br /> Services performed to the date of termination, services of Contractors and Consultants <br /> 12 <br /> 840847v8 33786/0001 <br />