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4.03 Construction Plans Must Be Approved. <br /> Notwithstanding any other provision of this Part, the Developer shall not <br /> commence any construction of the Improvements until it has first received the <br /> written approval by the Agency of the Construction Plans as provided in Section 1.04 <br /> and 4.02 of this Part. Any breach of this Section shall afford the Agency its rights <br /> under Section 7.04 of this Part. <br /> 4.04 Completion of the Improvements and Use of Property. <br /> The Developer, for itself, its successors and assigns, hereby covenants and <br /> agrees diligently to perform in accordance with the following provisions ( "Operating <br /> Covenants "): <br /> • <br /> (a) To prosecute to completion the construction of the <br /> Improvements within nine (9) months following the date of commencement of <br /> construction of the Improvements; and <br /> (b) To open within thirty (30) days after the date specified in <br /> subparagraph (a) above, and continue to operate new and used automobile sales and <br /> leasing showrooms and lots, and related facilities for no less than twenty (20) years <br /> from the date Developer satisfies all the requirements for issuance of a Certificate of <br /> Completion for the Improvements; and <br /> (c) Except as provided for in Section 6.04 of this Part, not, at any - <br /> - <br /> time during such twenty (20) year period, to sell, transfer or assign all or part of its: <br /> . interest in any portion of the Property without the prior written consent of the <br /> Agency, which consent shall not be unreasonably withheld provided that transferee <br /> uses the Property for a use which generates the minimum amount of taxable sales as <br /> • <br /> provided.for in this Part One, Article Five. Notwithstanding the aforementioned, <br /> • <br /> Developer shall have the right to transfer Developer's interest in the Property to any <br /> • <br /> settlor or beneficiary of the Developer, or to any entity principally controlled by <br /> Developer without having to obtain the prior written consent of Agency. <br /> If Developer, its successors or assigns fail to open and operate new and used <br /> . automobile sales and leasing showrooms and lots, and related facilities as set forth in <br /> the aforementioned Operating Covenant, after Developer has satisfied the <br /> • <br /> requirements for issuance of a Certificate of Completion, Agency shall have as its <br /> Disposition and Development Page 12 of 39 <br /> Agreement (Automall) <br /> 10/2/96 <br />