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j)A new Section 4.4 shall be inserted in SECTION 4. COMMISSION’S <br />OBLIGATIONS, which states as follows: <br />“4.4 Completion of Local Public Improvements. <br />(a)The Commission hereby agrees to complete <br />(or cause to be completed) the Local Public Improvements <br />described in Exhibit C attached hereto on a schedule to be <br />reasonably determined and agreed to by the Commission and <br />the Developer, as may be modified due to unforeseen <br />circumstances and delays. <br />(b)Before any work on the Local Public <br />Improvements will commence, (a) the Commission will <br />have received satisfactory plans and specifications for the <br />Project and responded in accordance with Section 3.5 <br />(“Submission of Plans and Specifications for Project”) of <br />this Agreement, and (b) the Engineering Department will <br />have received satisfactory bid specifications for the Local <br />Public Improvements and approved the same in accordance <br />with Section 3.12 (“Specifications for Local Public <br />Improvements”) of this Agreement. <br />(c)The Local Public Improvements will be <br />completed in accordance with all applicable public bidding <br />and contracting laws and will be subject to inspection by the <br />Engineering Department or its designee. <br />(d)Notwithstanding anything contained herein <br />to the contrary, in the event the costs associated with the <br />Local Public Improvements procured by the Board of Works <br />to purchase exterior siding materials for certain architectural <br />improvements to the Project are in excess of the Funding <br />Amount, Developer, at its sole option, may determine to pay <br />to the Commission the amount of the excess costs to permit <br />timely completion of the Local Public Improvements by the <br />Commission, or an agent of the Commission, which amounts <br />shall be applied for such purpose. If Developer chooses not <br />to pay any such excess costs of the Local Public <br />Improvements (above the Funding Amount), the <br />Commission may reduce the scope of the Local Public <br />Improvements to the amount which may be funded with the <br />Funding Amount. In no event will the Commission be <br />required to spend more than the Funding Amount in <br />connection with the Local Public Improvements.”