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cost consistent with the costs set forth therefor in the approved Project Budget (the "Construction <br />Contract"). <br />(f) Prevailing Wage Requirements. The Developer shall notify City in <br />writing of its determination as to the applicability of the Prevailing Wage Laws to the <br />construction of the Developer Restaurant Element. If the Developer determines that the <br />Developer Restaurant Element is required to be constructed in accordance with the Prevailing <br />Wage Laws, the Construction Contract shall be in compliance with the Prevailing Wage Laws, <br />and the Developer shall have filed a PWC -100 form with the California Department of Industrial <br />Relations in accordance with the Prevailing Wage Laws. <br />(g) Project Labor Agreement. The Developer shall have entered into a <br />Project Labor Agreement in the form required in Section 6.1.7 of the Developer Restaurant <br />Ground Lease. <br />(h) Insurance. The Developer shall have submitted to the City and the <br />City shall have approved evidence of the insurance policies required pursuant to Section 8 of the <br />Developer Restaurant Ground Lease. <br />(i) Bonds and Security. The Developer shall have submitted to the <br />City payment and performance bonds or alternate security in the form required by Section <br />6.1.8.1 of the Developer Restaurant Ground Lease. <br />0) Permits for Horizontal Improvements. Applicable permits for <br />Horizontal Improvements, as defined in the Scope of Development, including grading, <br />encroachment and demolition permits for the Developer Restaurant Element, shall have been <br />issued by the City or shall be ready to be issued subject only to the payment of applicable fees, <br />the posting of required security, or both. <br />(1) Construction to Commence. The City shall be reasonably satisfied <br />that construction of the Horizontal Improvements for the Developer Restaurant is ready to <br />commence not later than ninety (90) days after the Effective Date of the Developer Restaurant <br />Ground Lease and thereafter shall be pursued to completion in a diligent and continuous manner. <br />(m) Documents Executed. The Developer shall have duly executed the <br />Developer Restaurant Ground Lease and Memorandum of Ground Lease, with signatures <br />acknowledged (as applicable), and shall have deposited them into the Escrow established for the <br />Developer Restaurant Ground Lease. <br />(n) Representations and Warranties. The representations of Developer <br />contained in this Agreement shall be correct in all material respects as of the date of the <br />Developer Restaurant Ground Lease Commencement as though made on and as of that date and, <br />if requested by the City, the City shall have received a certificate to that effect signed by <br />Developer. <br />(o) No Default. No Event of Default of this Agreement by Developer <br />shall then exist, and no event shall then exist which, with the giving of notice or the passage of <br />20 <br />