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replacement must be exercised through the delivery of written notice to that effect (which shall be defined as the "Northtown Destruction Notice," ) within 120 days after the date of the occurrence of the casualty. If the Council Destruction Notice is delivered in a timely manner and reflects an election to rebuild~ restore, or replace the damaged Transit Hub Improvements~ and Northtown does not elect in writing to withhold its consent to such action by delivering a Northtown Destruction Notice to the Council within the 120-day period, the Council shall proceed, at its sole cost, to repair the damage and restore the Transit Hub Improvements in accordance with the provisions of Section 5.4 hereof, or construct a parking facility on the Council Parcel and the Northtown Parcel for non-exclusive use by public transit patrons, whichever the Council Destruction Notice designated. If the Council Destruction Notice reflects an election to rebuild, restore, or replace, but the N orthtown Destruction Notice is delivered in a timely manner and reflects the withholding of the consent of Northtown to the rebuilding, restoration, or replacement, the Council shall proceed to demolish and restore the site of the Transit Hub Improvements in accordance with the provisions of Section 7.3 hereof. If the Council rebuilds or restores the damaged Transit Hub Improvements pursuant to the operation of this Section, the rights and obligations of the Council and the Owner of the Northtown Parcel shall continue in effect for the remainder of the period of the second 120 full calendar months after the month in which the Transit Commencement Date occurred. If, pursuant to the operation of this Section, the Council replaces the damaged Transit Hub Improvements with a parking facility for non~e'Xclusive use by public transit patrons, the rights and obligations of the Council and the Owner of the Northtown Parcel shall continue in effect for the remainder of the term of the Agreement, modified solely to reflect the removal of the original Transit Hub Improvements. 5.4 Reconstruction and Design Modification. Any replacement, modification, or reconstruction of the Transit Hub Improvements shall be performed with due diligence and shall utilize the same type of materials and design used in the original construction of the Transit Hub Improvements, and using equipment and engineering standards equal to, or better than, those used in the original construction of the Transit Hub Improvements. If, for any reason, the design of the Transit Hub Improvements must be modified, the Council shall submit the design and plans to Northtown for approval. Northtown shall notify the Council of appro-val or disapproval in writing within 45 days of receipt of the completed design and plans. Such approval shall not be unreasonably withheld or delayed. The design and plans shall be deemed approved if not disapproved in writing within the 45-day period. In any event, no replacement1 modification, Or reconstruction shall commence until the proposed bid specifications, construction contracts, and construction scheduling have been submitted to and approved by Northtown, which approval shall not be unreasonably withheld or delayed. Northtown shall notify the Council of approval or disapproval in writing within two (2) weeks of receipt of the proposed bid specifications and contract documents. If N orthtown fails to notify the Council of approval or disapproval of the proposed bid specifications and contract documents within the two-week period, the proposed bid specifications and contract documents shall be deemed to be approved. -11- ~l 'd l~V6'oN A30 ~~OJ 3N1Vl8 AllJ ~dOO:~l IOO~ '08'AON