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<br />6 <br />4.4 Completion of Local Public Improvements Using the <br />Additional Funding Amount. <br />(a) The Commission hereby agrees to equip, <br />purchase, and deliver, or cause to be purchased and delivered, <br />exterior siding or other materials supporting architectural <br />and other improvements to the Project and advance funds to <br />pay and complete, or cause to be paid for and completed, any <br />other Local Public Improvements supported by the <br />Additional Funding Amount described in Exhibit C <br />attached hereto on a schedule to be reasonably determined <br />and agreed to by the Commission and the Developer, as may <br />be modified due to unforeseen circumstances and delays. <br />(b) Before any work on the Local Public <br />Improvements funded by the Additional Funding Amount <br />will commence, (i) the Commission will have received <br />satisfactory Plans and Specifications for the Project and <br />responded in accordance with Section 3.5 (“Submission of <br />Plans and Specifications for Project”) of this Agreement, and <br />(ii) the Engineering Department will have received <br />satisfactory bid specifications for the Local Public <br />Improvements funded by the Additional Funding Amount <br />and approved the same in accordance with Section 3.12 <br />(“Specifications for Local Public Improvements”) of this <br />Agreement. <br />(c) The Local Public Improvements funded from <br />the Additional Funding Amount will be completed in <br />accordance with all applicable public bidding and <br />contracting laws and will be subject to inspection by the <br />Engineering Department or its designee. <br />(d) The Commission agrees to expend the full <br />amount of the Additional Funding Amount. <br />Notwithstanding anything contained herein to the contrary, <br />in the event the costs associated with the Local Public <br />Improvements procured by the Board of Works to equip, <br />purchase, and deliver, or cause to be purchased and delivered, <br />exterior siding or other materials supporting the Project and <br />any other Local Public Improvements supported by the <br />Additional Funding Amount are in excess of the Additional <br />Funding Amount, the Developer, at its sole option, may <br />determine to pay to the Commission the amount of the <br />excess costs of the materials and/or services to permit timely <br />completion of the Local Public Improvements, which <br />amounts shall be applied for such purpose. If the Developer