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BRIGGS&MORGAN Fax:6512236645 Dec 11 '98 16:58 P. 16 <br /> Beve•3.vy=1. fall Lv L - -. . - - - -4=2. The provisions of this Section 4.2 relating to approval, <br /> rejection and resubmission of corrected Construction Plans shall <br /> continue to apply until the Construction Plans have been. approved <br /> by the City; provided, however, that in any event the Developer <br /> shall submit Construction Plans which are approved by the City or <br /> commencement of construction of the Minimum Improvements. <br /> , Approval of the Construction Plans by the City shall not relieve <br /> the Developer of any obligation to comply with the terms and <br /> provisions of this Agreement, or the provision of applicable <br /> federal, state and local laws, ordinances and regulations, nor <br /> shall approval of the Construction Plans by the City be deemed to <br /> constitute a waiver of any Event of Default. <br /> If the Developer desires. to make any material change in the <br /> Construction Plans after their approval by the City, the <br /> . Developer shall submit the proposed change to the City for its <br /> approval . If the Construction Plans, as modified by the proposed <br /> change, conform to the approval criteria listed in this Section <br /> 4 .2 with respect to the original Construction Plans and do not <br /> constitute a material modification to the scope, size or use of <br /> the Project or to the site plan therefor, the City shall approve <br /> the proposed change. Such change in the Construction Plans shall <br /> be deemed approved by the City unless rejected in writing within <br /> ten (10) days by the City with a statement of the City' s reasons <br /> for such rejection. <br /> Section 4 .3 . Commencement and Completion of Construction. <br /> Subject to Unavoidable Delays, the Developer shall cause <br /> construction of the Minimum Improvements to be commenced on or <br /> before , lD0 March 1, 198. Subject to <br /> Unavoidable Delays, the Developer shall have substantially <br /> completed the Minimum Improvements on or before <br /> December 31, 1998 . All work with respect to the Minimum <br /> Improvements. to be constructed or provided by the Developer on <br /> the Development Property shall be in substantial conformity with <br /> the Construction Plans as submitted by the Developer and approved <br /> by the City. <br /> The Developer agrees that it shall cause to be allowed <br /> designated representatives of the City to enter upon the <br /> Development Property during the construction of the Minimum <br /> Improvements to inspect such construction during normal working <br /> hours, on reasonable advance written notice of such inspection. <br /> 96S316.Red <br /> y2 to vs,; 12/11/9e 12 <br />