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<br />7
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<br />policies and procedures under the Laws regarding the approval of construction plans, promptly
<br />upon completion of all Plans and Specifications, the Company shall deliver a complete set thereof
<br />to the City’s Executive Director, Department of Community Investment, or his or her designee
<br />(collectively, the “Executive Director”), who may approve or disapprove said plans and
<br />specifications for the Project in accordance with the following process (the “Plan Refinement
<br />Process”): (a) the Company shall submit to the Executive Director for review the Plans and
<br />Specifications; (b) within thirty (30) days after receipt of the Plans and Specifications, the Executive
<br />Director shall deliver to the Company written notice either: (i) confirming that such Plans and
<br />Specifications are acceptable; or (ii) objecting to such Plans and Specifications, specifying the part
<br />or parts to which the Executive Director objects and including the specific basis for such objection;
<br />and (c) upon confirmation that the Plans and Specifications are acceptable, or if the Executive
<br />Director fails to respond within the time period provided above, such Plans and Specifications shall
<br />be deemed to be final and shall be subject to modification only by Change Orders. If, at any stage
<br />of the Plan Refinement Process, the Executive Director objects to or rejects, as applicable, all or
<br />any portion of the Plans and Specifications, then, the Company shall endeavor in good faith to
<br />address such objection to the City’s reasonable satisfaction within twenty (20) days after the
<br />Company receives notice of such objection and resubmit the relevant documents to the Executive
<br />Director. Within twenty (20) business days after the Executive Director receives such
<br />resubmissions, the Executive Director shall deliver to the Company written notice of its
<br />confirmation, objection, approval, or rejection, as applicable, in accordance with this section. This
<br />process shall continue until such time as the Plans and Specifications are confirmed or approved,
<br />as applicable, by the Executive Director, at which time each of the foregoing shall be final and,
<br />accordingly shall be subject to modification only by Change Orders and Permitted Changes.
<br />4.04 Change Orders. If the Company desires to make any changes to the approved Plans
<br />and Specifications, then the Company shall submit a Change Order Request to City for review and
<br />approval. The Company agrees that it shall not perform any such work until the Change Order has
<br />been approved and executed by the City. Within fifteen (15) days after the City receives the Change
<br />Order Request, the City shall deliver to the Company written notice that it approves or rejects the
<br />Change Order Request; provided that: (i) City shall not withhold its approval unreasonably; (ii) if
<br />the City rejects all or any part of the Change Order Request, then such notice shall: (A) specify the
<br />part or parts that the City is rejecting; and (B) include the specific basis for such rejection; and (iii)
<br />if the City fails to provide the written notice within the time period provided above, the Change
<br />Order Request shall be deemed approved. If the City approves or is deemed to have approved a
<br />Change Order Request, then, at the request of the Company, the City and the Company shall execute
<br />a Change Order. Notwithstanding anything to the contrary set forth herein: (i) the Company shall
<br />not be required to obtain the approval of City with respect to a Permitted Change; and (ii) a Change
<br />Order with respect to a Permitted Change shall be effective, if executed only by the Company.
<br />4.05 Permitted Delays. Whenever performance is required of any party hereunder, such
<br />party shall use all due diligence and take all necessary measures in good faith to perform; provided,
<br />however, that if completion of performance shall be delayed at any time by reason of acts of God,
<br />war, pandemic, civil commotion, riots, strikes, picketing, or other labor disputes, unavailability of
<br />labor or materials, or damage to work in progress by reason of fire or other casualty or similar
<br />causes beyond the reasonable control of a party (other than financial reasons), then the time for
<br />performance as herein specified shall be appropriately extended by the time of the delay actually
<br />caused by such circumstances. If (i) there should arise any permitted delay for which the Company
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