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<br />3 <br />determination that it has substantially completed the Project, <br />the Developer shall submit a written certificate to the <br />Commission stating that the Project has been completed and <br />is ready for use (the “Affidavit of Completion”). Upon the <br />Commission’s receipt of the Affidavit of Completion, it shall <br />conduct a final inspection at a date and time agreeable to the <br />Developer. After the final inspection is conducted, the <br />Commission shall provide a written determination to the <br />Developer stating that: <br />(i) the Project is substantially complete, <br />and this Agreement and Developer’s obligations <br />under this Agreement shall immediately terminate; <br />or <br />(ii) one or more components of the <br />Project are not complete in substantial accordance <br />with the Plans and Specifications (as later defined), <br />with explanation of how to cure the incomplete <br />component(s). In the event this Section 3.3(a)(ii) <br />applies, once Developer believes such identified <br />incomplete components have been substantially <br />completed in accordance with the Plans and <br />Specifications, it will notify the Commission and a <br />new inspection process will take place as set forth in <br />this Section 3.3(a). <br />(b) Notwithstanding any provision of this <br />Agreement to the contrary, the Developer’s failure to <br />complete the Project as defined in this Agreement, and in <br />substantial accordance with the Plans and Specifications, or <br />any other obligations the Developer may have under this <br />Agreement by the Mandatory Project Completion Date will <br />constitute a default under this Agreement without any <br />requirement of notice of or an opportunity to cure such <br />failure, and the Developer will be required to repay (i) all <br />Funding Amounts received in accordance with the terms of <br />the Loan Agreement; and (ii) One Hundred Fifty Percent <br />(150%) of the portion of the Additional Funding Amount <br />expended by the Commission for paying the costs associated <br />with the Local Public Improvements procured by the Board <br />of Works to equip, purchase, and deliver, or cause to <br />purchase and deliver, the Project with materials for certain <br />architectural and other improvements to the Project and any <br />other Local Public Improvements supported by the <br />Additional Funding Amount described in Exhibit C, as of