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6 <br /> <br /> <br />Engineering Department or its designee. <br />(d) Notwithstanding anything contained herein to the contrary, in the event the <br />costs associated with the Local Public Improvements are in excess of the Funding Amount, <br />Developer, at its sole option, may determine to pay to the Commission the amount of the <br />excess costs to permit timely completion of the Local Public Improvements by the <br />Commission, or an agent of the Commission, which amounts shall be applied for s uch <br />purpose. If Developer chooses not to pay any such excess costs of the Local Public