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5 <br /> <br /> <br />Developer will pay all costs and expenses of such preparation, provided, however, that if the <br />Commission pays any costs or expenses of such preparation, then the amount paid by the <br />Commission will be deducted from the Funding Amount. The Developer will submit all bid <br />specifications related to the Local Public Improvements to the City of South Bend Engineering <br />Department (the “Engineering Department”). The Engineering Department may approve or <br />disapprove said bid specifications for the Project in its sole discretion and may request revisions <br />or amendments to be made to the same. The Commission shall not be required to expend the <br />Funding Amount unless the Engineering Department has approved all bid specifications. <br />4.10 Non-Interference. Developer hereby agrees to use commercially reasonable efforts <br />to minimize disruption for those living and working near the Developer Property during <br />construction of the Project. <br />4.11 Insurance. The Developer shall purchase and maintain comprehensive insurance <br />coverage as is appropriate for the work being performed with respect to the Project. The Developer <br />shall provide proof of such adequate insurance to the Commission and shall notify the Commission <br />and the City of any change in or termination of such insurance. During the period of construction <br />or provision of services regarding any Local Public Improvements, the Developer shall maintain <br />insurance in the kinds and for at least the minimum amounts as described in Exhibit F attached <br />hereto and the Commission and the City shall be named as additional insureds on such policies <br />(but not on any worker’s compensation policies). <br />4.12 Information. The Developer agrees to provide any and all due diligence items with <br />respect to the Project reasonably requested by the Commission. <br />SECTION 5. COMMISSION’S OBLIGATIONS. <br />5.1 Generally. The Parties acknowledge and agree that the Developer’s agreement to <br />perform and abide by the covenants and obligations set forth in this Agreement is material <br />consideration for the Commission’s commitment to perform and abide by the covenants and <br />obligations of the Commission contained in this Agreement. <br />5.2 Completion of Local Public Improvements. <br />(a) The Commission hereby agrees to complete (or cause to be completed) the <br />Local Public Improvements described in Exhibit C attached hereto on a schedule to be <br />reasonably determined and agreed to by the Commission and the Developer, as may be <br />modified due to unforeseen circumstances and delays. <br />(b) Before any work on the Local Public Improvements will commence, (a) the <br />Commission will have received satisfactory plans and specifications for the Project and <br />responded in accordance with Section 4.7 (“Submission of Plans and Specifications for <br />Project”) of this Agreement, and (b) the Engineering Department will have received <br />satisfactory bid specifications for the Local Public Improvements and approved the same <br />in accordance with Section 4.9 (“Specifications for Local Public Improvements”) of this <br />Agreement. <br />(c) The Local Public Improvements will be completed in accordance with all <br />applicable public bidding and contracting laws and will be subject to inspection by the