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successors, and assigns; and (c) shall terminate no later than upon <br />completion of the Local Public Improvements, as determined by the <br />Board of Works.” <br />f)A new Exhibit F shall be inserted in the form attached hereto as Exhibit 1. <br />g)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. The Developer agrees <br />to obtain any and all easements from any governmental entity and/or <br />any other third parties that the Developer or the Commission deems <br />necessary or advisable in order to complete the Local Public <br />Improvements, and the obtaining of such easements is a condition <br />precedent to the Commission’s obligations under this Agreement.” <br />h)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 subject to the terms of this <br />Agreement.” <br />i)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, and the <br />Developer will pay all costs and expenses of such preparation, <br />provided, however, that if the Commission pays any costs or <br />expenses of such preparation, then the amount paid by the <br />Commission will be deducted from the Funding Amount. The <br />Developer will submit all bid specifications related to the Local <br />Public Improvements to the City of South Bend Engineering <br />Department (the “Engineering Department”). The Engineering <br />Department may approve or disapprove said bid specifications for <br />the Project in its sole discretion and may request revisions or <br />amendments to be made to the same. The Commission shall not be <br />required to expend the Funding Amount unless the Engineering <br />Department has approved all bid specifications.”