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Project. Developer shall comply with all directions, rules and regulations of any fire marshal, <br />health officer, building inspector or other officer of every governmental agency having <br />jurisdiction over the Property or the Project. Each element of the work shall proceed only after <br />procurement of each permit, license or other authorization that maybe required for such element <br />by any governmental agency having jurisdiction. All design and construction work on the <br />Project shall be performed by licensed contractors, engineers or architects, as applicable. <br />3.13 Change in Construction Plans. If Developer desires to make any material change <br />in the approved Construction Plans, Developer shall submit the proposed change in writing to the <br />Agency and City for their written approval, which approval shall not be unreasonably withheld <br />or delayed if the Construction Plans, as modified by any proposed change, conform to the <br />requirements of this Agreement and any approvals issued by Agency and/or City after the <br />Effective Date. The Parties shall meet in good faith to discuss the changes if the Agency or City <br />propose to reject the changes. Any change in the Construction Plans required in order to comply <br />with applicable codes shall be deemed approved, so long as such change does not substantially <br />nor materially change the design, function, use, or amenities of the Project as shown on the latest <br />approved Construction Plans. <br />3.14 Defects in Plans. Neither Agency nor City shall be responsible to Developer or to <br />any third party for any defect in the Construction Plans or for any structural or other defect in <br />any work done pursuant to the Construction Plans. Developer shall indemnify, defend (with <br />counsel approved by Agency) and hold harmless the Indemnitees (defined in Section 3.17 below) <br />from and against all Claims arising out of, or relating to, or alleged to arise from or relate to <br />defects in the Construction Plans or defects in any work done pursuant to the Construction Plans <br />whether or not any insurance policies shall have been determined to be applicable to any such <br />Claims. Developer's indemnification obligations set forth in this Section shall survive the <br />expiration or earlier termination of this Agreement and the recordation of a Certificate of <br />Completion. It is further agreed that Agency and City do not, and shall not, waive any rights <br />against Developer which they may have by reason of this indemnity and hold harmless <br />agreement because of the acceptance by Agency or City, or Developer's deposit with Agency of <br />any of the insurance policies described in this Agreement. Developer's indemnification <br />obligations pursuant to this Section shall not extend to Claims arising due to the gross negligence <br />or willful misconduct of the Indemnitees. <br />3.15 Certificate of Completion for Protect. Promptly after completion of construction <br />of the Project, issuance of a final Certificate of Occupancy by the City and the written request of <br />Developer, the Agency will provide an instrument ("Certificate of Completion") so certifying. <br />The Certificate of Completion shall be conclusive evidence that Developer has satisfied its <br />obligations regarding the development of the Property. <br />The Certificate of Completion shall be issued substantially in the form attached hereto as <br />Exhibit C, and at Developer's option, shall be recorded in the Official Records. The Certificate <br />of Completion shall not constitute evidence of compliance with or satisfaction of any obligation <br />of Developer to any holder of a deed of trust or mortgage securing money loaned to finance the <br />Project or any part thereof and shall not be deemed a notice of completion under the California <br />Civil Code, nor shall such Certificate provide evidence that Developer has satisfied any <br />~s~o~o-a 10 <br />