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Article Four: CONSTRUCTION OF IMPROVEMENTS AND OTHER <br />REQUIREMENTS <br />4.01 Construction Pursuant to Plans. <br />Unless modified by operation of Section 4.02 of this Part, all works of <br />construction and development on the Property shall be done in accordance with the <br />Construction Plans approved pursuant to Section 1.04 above. <br />4.02 Change in Construction Plans. <br />If the Developer desires to make any material change in the Construction <br />Plans, the Developer shall submit the proposed change to the Agency for its approval <br />which approval shall not be unreasonably withheld. If the Construction Plans, as <br />modified by any proposed change, conform to the requirements of this Agreement, <br />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, <br />it shall be deemed approved. If rejected within such time period, the previously <br />approved Construction Plans shall continue to remain in full force and effect. <br />Any change in the Construction Plans required in order to comply with <br />applicable codes shall be deemed approved, so long as such changes do not <br />substantially nor materially change the architecture, design or other amenities of the <br />Improvements as shown on the latest approved Construction Plans. <br />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 or deemed approval by the Agency of the Construction Plans as provided in <br />Section 1.04 and 4.02 of this Part. Any breach of this Section shall afford the <br />Agency its rights under Article Six 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 />Disposition and Development Page 10 of 30 <br />Agreement - Vanuatu Properties Draft December 4, 1997 <br />