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2007-07-11 CC
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2007-07-11 CC
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<br />the Developer of any obligation to comply with the terms and provisions of this Agreement, or <br />the provision of applicable federal, state and local laws, ordinances and regulations, nor shall <br />approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of <br />Default. <br /> <br />If the Developer desires to make any material change in the. Construction Plans after their <br />approval by the City, the Developer shall submit the proposed change to the City for its approval. <br />If the Construction Plans, as modified by the proposed change, conform to the approval criteria <br />listed in this Section 4.2 with respect to the original Construction Plans and do not constitute a <br />material modification to the. appearance, quality, scope, size or use of the respective Phase or <br />Sub-Phase or to the site plan therefore, the City shall approve the proposed change. Such change <br />in the Construction Plans shall be deemed approved by the City unless rejected in writing within <br />ten (10) days by the City with a statement of the City's reasons for such rejection. <br /> <br />Approval of Construction Plans hereunder is solely for purposes of this Agreement and <br />shall not constitute approval for any other City purpose. <br /> <br />Section 4.3. Timinll of Construction. The timing of construction of each Phase or Sub- <br />Phase of the Minimum Improvements shall, subject to Unavoidable Delays, occur in accordance <br />with a schedule agreed upon by the City and Developer prior to the Developer's commencement <br />of the Phase or Sub-Phase. The construction of Phase I will occur in accordance with the <br />Schedule set forth on Schedule I. The currently anticipated commencement dates for the <br />remainder of the Phases and Sub-Phases are set forth on Schedule I hereto. <br /> <br />ARTICLE V <br /> <br />INSURANCE <br /> <br />Section 5.1. Insurance. <br /> <br />(a) The Developer will provide and maintain or cause to be maintained at all times <br />during the process of constructing each Phase and Sub-Phase (and, from time to time at the <br />request of the City, furnish the City with certificates of insurance on): <br /> <br />(i) Builder's risk insurance, written on the so-called "Builder's Risk <br />- Completed Value Basis" in an amount equal to one hundred percent (100%) of <br />the insurable value of the Phase or Sub-Phase at the date of completion, and with <br />coverage available on the so-called "all risk" form of policy; <br /> <br />(ii) Commercial general liability insurance (including operations, <br />premises, "X.C.U." where applicable, Products/Completed Operations, <br />Contractual Liability, Broad Form Property Damage and Independent Contractors <br />with limits against bodily injury and property damage of not less than $1,000,000, <br />together with excess umbrella limits of not less than $5,000,000; <br /> <br />20 <br />
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