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City Draft <br /> 6128/13 <br /> (c} Obtain City sign-off on the final building permit and other <br /> Approvals for the completed Project such that Developer shall be entitled to be issued a <br /> Certificate of Completion as set forth in Section 4.13 of this Agreement; and <br /> (d) After coxzunencement of the work of improvement of the <br /> Project, the Developex sha11 not permit the work of construction of the Project to cease or be <br /> suspended for a tirne period in excess of sixty (60) calendar days {excluding weekends and <br /> holidays), either consacutively or in the aggregate, other than as a result of an Unavoidable <br /> Delay. The City Manager, in his or her discretion, which shall not be unreasonably witl�held, <br /> may extend the Project Completian Date for up to an additional one hundred twenty{120) days, <br /> in the aggregate. <br /> 4.7 Compliance with Laws. All work performed in connection with the construction <br /> or installation of the Pro3ect shall comply with all applicable Laws and Approvals. <br /> 4.8 Performance Schedule. All planning, construction, installation and other <br /> development obligations and responsibilities of the Developer andlor the City related to the <br /> Project shall be initiated and completed within the �imes specified in the Performance Schedule <br /> (Exhibit D), or within such reasonable extensions of such times granted by the City Manager or <br /> as otherwise provided for in this Agreement. <br /> 4.9 Developer Attend�nce at City Meetings. The Developer agrees to have one ar <br /> more af its employees or consultants who are knowledgeable regarding this Agreernent and the <br /> development of the Projec�, such that such Person(s} can meaningfully respond to City staff <br /> questions regarding the progress of the Prajact, attend meetings with City staff or rneetings of the <br /> City governing body, when requested to do so by City staff, with reasanable advance written <br /> Notice to the Developer. <br /> 4.10 City Right to Inspect Pxoject and Site. During periods of construction or <br /> installation of the Project, the City sha11 perform weekly inspections of the Project and the Site, <br /> on a schedule agreeable to both the City and Developer; provided, hawever, the Parties may <br /> mutually agree on adjustments to the inspection schedule as necessary in order to meet <br /> Developer's construction schedule. In order to perform suct� inspections, the City shall have the <br /> right of reasonable access to the Site, without the payment of charges or fees, during normal <br /> constnxction hours and upon reasonable advaaxce notice. Any and all City representatives who <br /> enter the Site shall identify themselves at the construction management office or, if none, to the <br /> apparent on-site construction supervisor on the Site, upon their entrance onto the Site, and shall <br /> at all times be accompanied by a representative of the Developer, while on the Site. The <br /> Developer shall make a representative of the Developer available for this purpase at all times <br /> during normal construction hours, upon reasonable advance Notice from the City. The City shall <br /> indemnify and hold the Developer harmless from injury, property damage or liability to the <br /> extent arising out of the exercise by the City of the right of access to �e Site providecl in this <br /> Section 4.10, except to the extent that any such injury, property damage or liability arises from <br /> the negligence or willful misconduct o�any of the Developer Parties. If in t�e City's reasonable <br /> ,�udgment it is nacessary, the City shall have the further right, from time to tirne, at its own cost, <br /> to retain a consultant or consultants ta inspect the Project and verify cornpliance by the <br /> Developer wit�the provisions of this Agreement The Developer acknowledges and agrees that <br /> 82483.0000917571312.10 32 <br />