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vi) Developer shall obtain an Occupancy Permit for the Streetscape <br /> Improvements and Street Modifications and perform the following Services in <br /> connection with issuance of that permit: accompany governmental officials during <br /> inspections of the Project, re are and submit documentation to governmental <br /> agencies, coordinate final testing and other activities. <br /> 3. Miscellaneous <br /> A. Developer shall perform and administer any and all other Services and <br /> responsibilities that are set forth in any other provisions of this Agreement, or which are <br /> requested to be perFormed by the City and the Agency and are within the general scope <br /> of the Services described herein; provided, however, Developer reserves all rights to <br /> seek additional compensation for the performance of services that do not fall within the <br /> general scope of the Services described in this Agreement. <br /> B. Notwithstanding anything to the contrary in this Agreement, City <br /> acknowledges, as set forth in Section 5.18(F) of the DDA, that Developer has a material <br /> interest in the appearance and functionality of the Streetscape Improvements and Street <br /> Modifications because the Streetscape Improvements and Street Modifications will be <br /> physically integrated with the Retail-Cinema portion of the Project and will function as <br /> an integrat part of the overall Project. <br /> C. Developer shall insure that all work performed on the Work is performed in <br /> a manner which complies with all Applicable Laws. Developer shall require all <br /> Contractors to pay prevailing wages and give all notices and comply with all laws, <br /> ordinances, rules, regulations and lawful orders of any public authority, including those <br /> laws, ordinances, rules, regulations and lawful orders relating to safety, hazardous <br /> materials and equal employment opportunities; pay all local, state and federal taxes; <br /> and pay all benefits, insurance, taxes and contributions for Social Security and <br /> Unemployment Insurance which are measured by wages, salaries or other <br /> remuneration paid to their employees. <br /> 6 <br /> 840847v8 33786/0001 <br />