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b. The draw request by the Developer for the requested disbursement. <br />c. Written Approval by the City of the disbursement request, which approval shall <br />(i) not be unreasonably withheld or delayed, and (ii) be provided within ten (10) <br />business days following the date submitted by the Escrow Agent [in accordance <br />with Paragraph 7 below] with confirmation from the Escrow Agent that <br />Developer has provided all of the items required to be submitted under this <br />Paragraph 3. Failure by the City to respond to such request within such 10 <br />business day approval period shall automatically be deemed to be City's approval <br />to same. Escrow Agent may communicate with City electronically relative to <br />these requests. <br />d. Full or partial, up-to-date lien waivers; plus affidavits supporting lien waivers and <br />releases of lien if necessary, in a form satisfactory to Escrow Agent and City. <br />e. A list showing each Contractor/Vendor to be paid from the current Draw Request, <br />the amount of payment, and the category of cost as shown on the Sworn <br />Construction Statement for which such payment are to be made. <br />f. Such other supporting evidence as may be reasonably requested by the City or <br />Escrow Agent to substantiate all payments that are to be made out of the relevant <br />Draw Request and/or to substantiate all payments, then made with respect to the <br />Project. <br />4. Escrow Agent's charges for all of the escrow services to be provided for pursuant to this <br />Agreement are $150.00 per draw. <br />5. No draw requests shall be made by Developer while another is pending or in the event the <br />City has declared default under the Development Contract & Planned Unit Development <br />Agreement. <br />6. At the time of submission of the final Draw Request, which shall not be submitted before <br />completion of the Project, including all landscape requirements, Developer shall submit <br />to City and Escrow Agent, in addition to the requirements listed in Paragraph 3 above the <br />following: <br />a. A written lien waiver from all Contractors for work done and materials furnished <br />for the Project. <br />b. Such other supporting evidence as may be reasonably requested by the City or <br />Escrow Agent to substantiate all payments, which are to be made out of the final <br />Draw Request and/or to substantiate all payments, then made with respect to the <br />Project. <br />2 <br />