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enter upon the Property to inspect the Project following 48 hours written notice (except in the <br />case of emergency in which case such notice as may be practical under the circumstances shall <br />be provided). Developer shall have the right to accompany any Agency representative <br />performing an inspection of the Project. <br />3.10 Agency Disclaimer. Developer acknowledges that the Agency and City are under <br />no obligation, and neither Agency nor City undertakes or assumes any responsibility or duty to <br />Developer or to any third party, to in any manner review, supervise, or inspect the progress of <br />construction or the operation of the Project. Developer and all third parties shall rely entirely <br />upon its or their own supervision and inspection in determining the quality and suitability of the <br />materials and work, the performance of architects, subcontractors, and material suppliers, and all <br />other matters relating to the construction and operation of the Project. Any review or inspection <br />undertaken by the Agency or the City is solely for the purpose of determining whether Developer <br />is properly discharging its obligations under this Agreement, and shall not be relied upon by <br />Developer or any third party as a warranty or representation by the Agency or the City as to the <br />quality of the design or construction of the Improvements or otherwise. <br />3.11 Construction Plans. Prior to commencement of Project construction, Developer <br />shall submit to City's Building Department detailed construction plans for the development of <br />the Project (the "Construction Plans"). As used herein "Construction Plans" means all <br />construction documents upon which Developer and Developer's contractors shall rely in <br />constructing the Project (including the landscaping, parking, and common areas) and shall <br />include, without limitation, the site development plan, final architectural drawings, landscaping, <br />exterior lighting and signage plans and specifications, materials specifications, final elevations, <br />and building plans and specifications. The Construction Plans shall be based upon the scope of <br />development set forth herein and upon the approvals issued by the Agency and the City for the <br />Project, and shall not materially deviate therefrom without the express written consent of Agency <br />and City. Provided that the Construction Plans are consistent with the requirements of this <br />Agreement, approval of the Construction Plans by City shall be deemed approval thereof by <br />Agency. <br />3.12 Construction Pursuant to Plans. Developer shall develop the Project in <br />accordance with the approved Construction Plans, the Conditions of Approval, and all other <br />permits and approvals granted by the City and/or the Agency pertaining to construction of the <br />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 may be 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 <br />City in accordance with its standard review process. Approval of changes to the Construction <br />Plans by City shall be deemed approval thereof by Agency. Nothing in this Section is intended <br />to or shall be deemed to modify the City's standard plan review procedures. <br />i i ~g9s~-s 11 <br />