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<br />4 <br />the date of the Commission’s demand, as further set forth in <br />Section 6.1 of this Agreement. <br />f) The first sentence of Section 3.4(b) shall be deleted and replaced with the <br />following text: <br />On or before June 30 and December 31 of each year following the <br />commencement of construction until substantial completion of the <br />Project, the Developer shall submit to the Commission a report, in <br />the format set forth in Exhibit D, demonstrating the Developer’s <br />good-faith compliance with the terms of this Agreement. <br />g) In Section 3.5, the following text will be inserted at the end of the <br />paragraph: <br />The complete set of all plans and specifications for the Project as <br />approved by the Executive Director of Department of Community <br />Investment, or his or her designee, shall be referred to elsewhere in <br />this Agreement as the “Plans and Specifications.” <br />h) In Section 3.7, the reference to “Exhibit F” shall be deleted and replaced <br />with “Exhibit E.” <br />i) A new Section 3.9 shall be inserted in SECTION 3. DEVELOPER’S <br />OBLIGATIONS, which states as follows: <br />3.9 Grant of Easement. Upon assuming ownership of the <br />Developer Property, the Developer will grant to the Commission a <br />temporary, non-exclusive easement on, in, over, under and across <br />any part(s) of the Developer Property (the “Easement”) in the form <br />attached hereto as Exhibit F, to permit the Commission to fulfill its <br />obligations under this Agreement, including the construction, <br />equipping, inspection, and delivery (as each may be applicable) of <br />the Local Public Improvements. The Easement shall (a) inure to the <br />benefit of the Commission and the Board of Works or any <br />contractors acting on behalf of the Commission in connection with <br />the construction, equipping, inspection, and delivery of (as each may <br />be applicable) the Local Public Improvements; (b) shall bind the <br />Developer and its grantees, successors, and assigns; and (c) shall <br />terminate no later than upon completion of the Local Public <br />Improvements, as determined by the Board of Works. <br />Notwithstanding anything contained herein or in the Easement to the <br />contrary, the Commission shall not have a right to construct any <br />Local Public Improvements on the Developer Property without the <br />express written consent of the Developer or its successors and/or <br />assigns. <br />j) A new Exhibit F shall be inserted in the form attached hereto as Exhibit 1.