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04-16-2004
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04-16-2004
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DRAFT <br /> 4.15.2004 <br /> • Delays, Developer the shall substantiallycomplete the construction of the Minimum <br /> Improvements by , 20_. All work with respect to the Minimum <br /> Improvements to be constructed or provided by the Developer on the Property shall be in <br /> conformity with the Redevelopment Plans as submitted by the Developer and approved by <br /> the Authority. <br /> The Developer agrees for itself, its successors and assigns, and every successor in <br /> interest to the Property, or any part thereof, that the Developer, and such successors and <br /> assigns, shall promptly begin and diligently prosecute to completion the development of the <br /> Property through the construction of the Minimum Improvements thereon and consistent <br /> with the developers agreement required by paragraph 7.2(f) of this Agreement, and that such <br /> construction shall in any event be commenced and completed within the period specified in <br /> this Section 20.3 of this Agreement. Subsequent to the Developer's acquisition of title to the <br /> Property, or any part thereof, and until construction of the Minimum Improvements has <br /> been completed consistent with the developers agreement required by paragraph 7.2(f) of <br /> this Agreement, the Developer shall make reports, in such detail and at such times as may <br /> reasonably be requested by the Authority, as to the actual progress of the Developer with <br /> respect to such construction. <br /> 20.4. Certificate of Completion. (a) Promptly after substantial completion of the <br /> 4110 Minimum Improvements in accordance with those provisions of this Agreement relating <br /> solely to the obligations of the Developer to construct the Minimum Improvements and <br /> consistent with the developers agreement required by paragraph 7.2(f) of this Agreement <br /> (including the dates for beginning and completion thereof), the Authority will furnish the <br /> Developer with a Certificate of Completion substantially in the form shown at Exhibit B for <br /> the Property. Such certification by the Authority shall be a conclusive determination of <br /> satisfaction and termination of the agreements and covenants in this Agreement with respect <br /> to the obligations of the Developer and its successors and assigns,to construct the Minimum <br /> Improvements and consistent with the developers agreement required by paragraph 7.2(f)of <br /> this Agreement, as applicable, and the dates for the beginning and completion thereof. Such <br /> certification and such determination shall not constitute evidence of compliance with or <br /> satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer <br /> of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part <br /> thereof. <br /> (b) If the Authority shall refuse or fail to provide any certification in <br /> accordance with the provisions of this Section 20.4 of this Agreement,the Authority <br /> shall, within thirty (30) days after written request by the Developer, provide the <br /> Developer with a written statement, indicating in adequate detail in what respects the <br /> Developer has failed to complete the Minimum Improvements in accordance with <br /> the provisions of this Agreement, or is otherwise in default, and what measures or <br /> acts it will be necessary, in the opinion of the Authority, for the Developer to take or <br /> 41110 perform in order to obtain such certification. <br /> SJR-245249v4 <br /> MU205-29 <br /> 20 <br />
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