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2 <br />LA515\115\928561.v1 <br />been accepted by the City. The City will not accept any Subdivision <br />Improvements until as-built record drawings for the applicable Phase are <br />submitted for review and are approved by the City verifying that the <br />Subdivision Improvements within such Phase have been installed in <br />accordance with the approved Plans. <br /> C. The City will issue a temporary certificate of occupancy for the <br />building that is to be constructed on Lot 1, Block 2 (automobile dealer) for <br />a period of 180 days. All Subdivision Improvements must be installed by <br />the Developer and be accepted by the City prior to the expiration of the 180- <br />day period and before a permanent certificate of occupancy will be issued <br />by the City. The City will not accept any Subdivision Improvements until <br />as-built record drawings for the applicable Phase are submitted for review <br />and are approved by the City verifying that the Subdivision Improvements <br />within such Phase have been installed in accordance with the approved <br />Plans. <br /> D. No building permits shall be issued for Lot 2 and Lot 3, Block 2 <br />until such time that all Subdivision Improvements have been installed by <br />the Developer and have been accepted by the City. <br /> E. Breach of the terms of this Agreement by the Developer beyond any <br />applicable notice and cure periods including nonpayment of billings from <br />the City, shall be grounds for denial of building permits, certificates of <br />occupancy, and withholding of other permits, inspections, or actions and the <br />halting of all work in the Subdivision. <br /> F. If the City issues building permits before the acceptance of the <br />Subdivision Improvements by the City, the Developer assumes all liability <br />and costs resulting in delays in completion of the Subdivision <br />Improvements caused by the City, the Developer, the Developer’s <br />contractors, subcontractors, materialmen, employees, agents, or any third <br />parties. <br />2. Amendment Controls; Ratification and Affirmation. In the event that the terms of <br />this Amendment and the Agreement are held to be inconsistent, the terms of this Amendment shall <br />control. The parties each agree and warrant that, in all other respects, the Agreement is <br />unmodified, in full force and effect, and each party hereby ratifies and affirms the Agreement and <br />any terms contained therein not otherwise modified by this Amendment. <br />3. Counterparts. This Amendment may be executed in counterparts, each of which <br />shall be deemed an original but all of which, taken together, shall constitute one and the same <br />instrument. Each party may rely upon facsimile or electronic mail counterparts of this Amendment <br />signed by the other party with the same effect as if such party had received an original counterpart <br />signed by such other party. <br /> <br />[Remainder of page intentionally left blank.]