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11 DOCSOPEN\MU205\50\716385.v4-4/22/21 Section 3.10. Early Start Agreement. The Developer and EDA acknowledge that the Developer desires to utilize the Development Property prior to completion of the activities contemplated by Section 3.8 of this Agreement and the closing for the Development Property pursuant to this Agreement. The EDA is willing to allow the Developer’s utilization of the Development Property as referenced herein upon the entering into of an Early Start Agreement detailing the terms and conditions of the Developer’s utilization of the Development Property prior to the closing of the Development Property pursuant to this Agreement. Such Early Start Agreement shall be separately agreed to and approved by the EDA and Developer prior to any activities of the Developer taking place on the Development Property. ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will construct the Minimum Improvements on the Development Property in accordance with the Construction Plans and at all times prior to the Termination Date will maintain, preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept in good repair and condition. The Developer recognizes that it is because the Developer has agreed to construct the Minimum Improvements that the EDA is willing to sell the Development Property to the Developer. The Developer acknowledges that, in addition to the requirements of this Agreement, construction of the Minimum Improvements will necessitate compliance with other reviews and approvals by the EDA and other governmental agencies and agrees to submit all applications for and pursue to their conclusion all other approvals needed prior to constructing the Minimum Improvements. Section 4.2. Construction Plans. (a) Within 90 days after execution of this Agreement, the Developer shall submit Construction Plans to the EDA. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in substantial conformity with the Developer Proposal and this Agreement. The EDA will approve the Construction Plans if they (1) conform to the Developer Proposal contained in Exhibit B attached hereto; (2) conform to all applicable federal, State and local laws, ordinances, rules and regulations; (3) are adequate to provide for the construction of the Minimum Improvements; (4) conform to the State building code; and (5) if there has occurred no uncured Event of Default on the part of the Developer. No approval by the EDA shall relieve the Developer of the obligation to comply with the terms of this Agreement, the terms of any applicable federal, State and local laws, ordinances, rules and regulations in the construction of the Minimum Improvements. No approval by the EDA shall constitute a waiver of an Event of Default. (b) If the Developer desires to make any change in the Construction Plans after their approval by the EDA, including any change to the design or materials of the Minimum Improvements or any other change which would also require review or re-approval under any applicable code, ordinance or regulation, the Developer shall submit the proposed change to the EDA for its approval. If the proposed change conforms to the requirements of this Section 4.2 with respect to the original Construction Plans or is otherwise acceptable to the EDA, the EDA shall approve the proposed change. Such change in the Construction Plans shall be deemed approved by the EDA unless rejected,