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7 <br />future phase of the Project, and agree to engage in good faith discussions regarding funding <br />strategies for such costs, provided that any contribution by the City Bodies toward such additional <br />costs shall require mutual written agreement of the Parties. <br />4.04 Project Description and Project; Approval of Plans. The Project shall consist of the <br />items and/or parameters set forth in Exhibit A attached hereto. The Developer shall commence <br />construction of the Project by no later than ninety (90) days following the successful procurement <br />of all permits and other governmental approvals and the satisfaction or waiver of the conditions set <br />forth in Section 6.01 and shall complete construction and equipping of the Project by the <br />Completion Date, subject to permitted delays provided for in Section 4.05 hereof. In addition to the <br />City’s policies and procedures under the Laws regarding the approval of construction plans, <br />promptly upon completion of all plans and specifications for the Project, and after receipt of all <br />required approvals regarding such construction plans, the Developer shall deliver a complete set <br />thereof to the City’s Executive Director, Department of Community Investment, or his or her <br />designee, who may review said plans and specifications for the Project in his or her sole discretion <br />to confirm they are consistent with the initial plans submitted to the Redevelopment Commission <br />and may request revisions or amendments to be made to the same, provided, however, such <br />approval must be provided within fifteen (15) business days of receipt of the plans and <br />specifications for the Project, otherwise they shall be deemed approved. Following the City’s <br />Executive Director’s initial approval or deemed approval of the plans and specifications pursuant <br />to this Section 4.04, the Developer shall not be required to resubmit or obtain further approval for <br />immaterial field changes, substitutions, or refinements made in the ordinary course of design and <br />construction; provided, however, that in addition to the City’s policies and procedures under the <br />Laws regarding the approval of construction plans, and after receipt of all required approvals <br />regarding such revised construction plans, the Developer shall submit to the City’s Executive <br />Director for review and approval any material changes to the approved plans and specifications that <br />would materially alter the scope, size, exterior appearance, or intended use of the Project. The City’s <br />Executive Director shall review any proposed material changes within fifteen (15) business days <br />after receipt to confirm they are consistent with the initial plans submitted to the Redevelopment <br />Commission, and failure to respond within such period shall constitute deemed approval. Any <br />disapproval of the plans and specifications shall be accompanied by a reasonably detailed written <br />explanation of the basis for such disapproval. <br />4.05 Permitted Delays. Whenever performance is required of any party hereunder, such <br />party shall use all due diligence and take all necessary measures in good faith to perform; provided, <br />however, that if completion of performance shall be delayed at any time by reason of acts of God, <br />war, pandemic, civil commotion, riots, strikes, picketing, or other labor disputes, unavailability of <br />labor or materials, or damage to work in progress by reason of fire or other casualty or similar <br />causes beyond the reasonable control of a party (other than financial reasons), then the time for <br />performance as herein specified shall be appropriately extended by the time of the delay actually <br />caused by such circumstances. If (i) there should arise any permitted delay for which the Developer <br />or any of the City Bodies is entitled to delay its performance under this Agreement and (ii) the <br />Developer or such City Body anticipates that such permitted delay will cause a delay in its <br />performance under this Agreement, then the Developer or such City Body, as the case may be, <br />agrees to provide written notice to the other parties of this Agreement of the nature and the <br />anticipated length of such delay.