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counsel for the Phase III Shortfall Note may require in connection therewith, are hereby authorized and approved by the City. (10) Proceeds from Phase III Shortfall Note, if any, shall be utilized only toward the costs of the Phase III Public Improvements, including but not limited to related relocation costs. Section 3.3 Construction Plans. The Developer shall cause to be provided to the City Construction Plans, which shall be subject to approval by the City as provided in this Section 3.3. The Construction Plans shall provide for the Project to be constructed on the Development Property, and shall be in conformity with this Agreement, the PUD, and all applicable state and local laws and regulations. The City shall approve the Construction Plans in writing if: (a) the Construction Plans substantially conform to the terms and conditions of this Agreement; (b) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (c) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Project; and (d) no material Event of Default under the terms of this Agreement has occurred and remains uncured (collectively, the "Plan Standards "); provided, however, that any such approval of the Construction Plans pursuant to this Section 3.3 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, zoning or other ordinances or regulation of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. If the City believes the Construction Plans submitted by Developer do not meet the Plan Standards then the City must reject the submission in writing, accompanied by a written statement of specifying the respects in which the Construction Plans submitted by the Developer fail to conform to the Plan Standards (a "Rejection "). In any event, if the City fails to provide such a Rejection within thirty (30) days of submission then the Construction Plans as submitted shall be deemed to have been approved by the City. If the City rejects the Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within fifteen (15) days after receipt by the Developer of the Rejection. The provisions of this Section 3.3 relating to approval, Rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City; provided, however, that in any event the Developer shall submit Construction Plans which are approved prior to commencement of construction of the Project. Approval of the Construction Plans by the City shall not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. If the Developer desires to make any material change in the Construction Plans after their approval by the City, the Developer shall submit the proposed material change to the City for its approval. If the Construction Plans, as modified by the proposed material change, conform to the Plan Standards and do not constitute a material adverse modification to the scope, size or use of the Project or to the site plan therefor, the City shall approve the proposed material change. Material modifications that are likely to increase the value of the Project for real estate tax purposes shall be deemed NOT to be material adverse modifications. Such material change in the 2139197x6 Doc# 2561638 \9 12