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(b) All insurance acquired under the terms of this article must be obtained <br /> through an insurance company authorized to do business in the State of California, and certificates of <br /> insurance must be filed with the Agency. <br /> (c) To maintain the Property pursuant to the Agency Deed, and to <br /> maintain the Adjacent City Property in conformity with the Agency Deed and the License <br /> Agreement. <br /> (d) To maintain the Adjacent City Property for the life of the <br /> Redevelopment Plan, as more particularly provided in Section 4.12 hereof. <br /> If Developer, its successors or assigns are in default of the aforementioned Operating <br /> Covenant, after Developer has satisfied the requirements for issuance of a Certificate of Completion <br /> for the Developer Improvements, Agency shall have as its remedy the right to, at its discretion, either <br /> a) enter the Property and /or the Adjacent City Property, as applicable, to conduct such reasonable <br /> maintenance and security measures as the Agency deems necessary, and remit the costs of such <br /> . maintenance or security to the Developer which shall reimburse the Agency for such costs within <br /> thirty (30) days and if such reimbursement is not made, the Agency shall record a lien on the <br /> Property to secure such payment or b) pursue any legal and /or applicable remedies, including without <br /> limitation specific performance and/or damages. <br /> 4.07 Progress Reports. <br /> Until construction of the Developer Improvements has been completed, Developer <br /> shall provide a report to the Agency on the second Monday of every month with the following <br /> information: (a) the percent of the project that is complete; and (b) whether the project is adhering to <br /> the schedule set forth in the Construction Plans, and if not, accurately describe the discrepancy <br /> between the current schedule and the schedule set forth in the Construction Plans. Developer <br /> authorizes the Agency to have full access to all building inspection reports and other information at <br /> the City to assist the Agency in reviewing the actual progress of construction. Developer shall allow <br /> the Agency to review construction documents and records maintained by Developer in the ordinary <br /> course of the construction as may be reasonably requested by the Agency. <br /> 4.08 Agency to Receive Copy of Construction Contract. <br /> • Developer shall enter into contracts for the construction of the Developer <br /> Improvements with contractors licensed by the State of California. Copies of all contracts shall be <br /> tendered to the Agency for the limited purposes of determining that the amount of the cost of work <br /> has been clearly fixed and determined, that the materials and qualifications for improvements <br /> conform to the Scope of Development, as herein provided, and that the covenants as to Equal <br /> Opportunity in Construction (Section 4.09 of this Agreement) have been met. Unless the Agency <br /> notifies the Developer in writing within fifteen (15) days after receipt by the Executive Director of <br /> submission of the contract that the contract has been disapproved, it shall be deemed approved. <br /> 4.09 Equal Opportunity. <br /> During the construction of the Developer Improvements, Developer shall not <br /> discriminate on the basis of race, religion, sex, or national origin in the hiring, firing, promoting or <br /> 21 <br /> D0050074604 I v4\24258.0002 <br /> • <br />