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<br />5 <br />k) A new Section 3.10 shall be inserted in SECTION 3. DEVELOPER’S <br />OBLIGATIONS, which states as follows : <br />3.10 Obtain Necessary Easements or Approvals. The <br />Developer agrees that it will be the Developer’s obligation to obtain <br />any and all easements or other approvals from any governmental <br />entity and/or any other third parties that the Developer or the <br />Commission reasonably deems necessary or advisable in order to <br />complete the Local Public Improvements, if applicable, and the <br />obtaining of such easements or other approvals is a condition <br />precedent to the Commission’s obligations under this Agreement. <br />l) A new Section 3.11 shall be inserted in SECTION 3. DEVELOPER’S <br />OBLIGATIONS, which states as follows: <br />3.11 Costs and Expenses of Construction of Project. The <br />Developer hereby agrees to pay, or cause to be paid, all costs and <br />expenses of planning, construction, management, and all other <br />activities or purposes associated with the Project (including legal, <br />architectural, and engineering fees), exclusive of the Local Public <br />Improvements, which shall be paid for by the Commission by and <br />through the Funding Amount and Additional Funding Amount <br />subject to the terms of this Agreement. <br />m) A new Section 3.12 shall be inserted in SECTION 3. DEVELOPER’S <br />OBLIGATIONS, which states as follows : <br />3.12 Specifications for Local Public Improvements. The <br />Developer will be responsible for the preparation of all bid <br />specifications related to the Local Public Improvements for the <br />Additional Funding Amount, and the Developer will pay all costs <br />and expenses of such preparation, provided, however, that if the <br />Commission pays any costs or expenses of such preparation, then <br />the amount paid by the Commission will be deducted from the <br />Additional Funding Amount. The Developer will submit all bid <br />specifications related to the Local Public Improvements to the City <br />of South Bend Engineering Department (the “Engineering <br />Department”). The Engineering Department may approve or <br />disapprove said bid specifications for the Project in its sole <br />discretion and may request revisions or amendments to be made to <br />the same. The Commission shall not be required to expend the <br />Additional Funding Amount unless the Engineering Department has <br />approved all bid specifications. <br />n) A new Section 4.4 shall be inserted in SECTION 4. COMMISSION’S <br />OBLIGATIONS, which states as follows: