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4.02 Construction Pursuant to Plans. <br />Unless modified by operation of Section 4.03 of this Part, all works of construction and development <br />on the Properties shall be done in accordance with the Construction Plans approved pursuant to Section 1.04 <br />above. <br />4.03 Change in Construction Plans. <br />If the Developer desires to make any material change in the Construction Plans, the Developer shall <br />submit the proposed change to the Agency for its approval, which approval shall not be unreasonably withheld <br />or delayed. If the Construction Plans, as modified by any proposed change, conform to the requirements of <br />this Agreement, the Agency shall approve the change by notifying the Developer in writing. <br />Unless said proposed change is rejected by the Agency within fifteen (15) days, it shall be deemed <br />approved. If rejected within such time period, the previously approved Construction Plans shall continue to <br />remain in full force and effect. <br />Any change in the Construction Plans required in order to comply with applicable codes shall be <br />deemed approved, so long as such changes do not substantially nor materially change the architecture, <br />design, function, use, or other amenities of the Improvements as shown on the latest approved Construction <br />Plans. <br />4.04 Construction Plans Must Be Approved. <br />Notwithstanding any other provision of this Part, the Developer shall not commence any construction <br />of the Improvements until it has first received the written approval by the Agency of the Construction Plans as <br />provided in Sections 1.04 and 4.02 of this Part. Any breach of this Section shall afford the Agency its rights <br />under Section 6.04 of this Part. <br />4.05 Building Permit. <br />At the time the Developer submits its Construction Plans far the Improvements to the Agency it shall <br />also apply for, diligently pursue, and obtain issuance of a building permit from the City allowing the construction. <br />of the Improvements called for in the Development Plan. <br />4.06 Completion of the Improvements and Use of the Properties. <br />The Developer, for itself, its successors and assigns, hereby covenants and agrees diligently to <br />perform in accordance with the following provisions ("Operating Covenants"): <br />(a) To commence construction of the Improvements on Property B no later than 45 days <br />of the Title Insurance Date for Property B and to prosecute to completion the construction of the Improvements <br />on Property B within 120 days thereafter; and <br />Disposition and Development Agreement (Automall) Page 12 of 29 <br />