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4.3.1 Standards. The Construction Plans shall be prepared by a professional engineer or <br /> architect licensed to practice in the State of Illinois and the Construction Plans and all construction <br /> practices and procedures with respect to the Development Project shall be in confornuty with all <br /> applicable state and local laws, ordinances and regulations, including without limitation any performance, <br /> labor and material payment bonds required for the Development Project. Construction Plans shall be <br /> submitted for approval by the Construction Inspector in sufficient completeness and detail to show that <br /> construction will be in general conformance with the Concept Site Plan and in accordance with the <br /> provisions of the Redevelopment Plan and this Agreement. The Construction Inspector may condition <br /> approval of Construction Plans relating to the Development Project on the satisfaction of conditions of <br /> other governmental agencies. <br /> 4.3.2 Review and Approval of Construction Plans. The Construction Inspector shall <br /> approve or reject in writing the Construction Plans according to the standards set forth in Section 3.6.2 of <br /> this Agreement within twenty-one (21) days after submittal by the Developer; otherwise, the Construction <br /> Plans shall be deemed approved. The Construction Inspector shall reject Construction Plans only if, in <br /> the reasonable exercise of the Construction Inspector's discretion, the Construction Inspector finds that the <br /> Construction Plans show that construction will not be in general conformance with the Concept Site Plan <br /> and in accordance with the provisions of the Redevelopment Plan and this Agreement. Costs of public <br /> improvements shall be approved by the Director of Engineering & Infrastructure Department. Any such <br /> rejection shall specify any and all deficiencies in the Construction Plans relating to lack of conformity <br /> with the Concept Site Plan, the Redevelopment Plan or this Agreement and with applicable codes, <br /> ordinances and regulations of the Municipality; provided that the Construction Inspector's failure to <br /> specify deficiencies in the Construction Plans relating to the codes, ordinances and regulations of the <br /> Municipality shall not relieve the Developer of its obligations to perform the Development Project in <br /> accordance therewith. Within thirty(30) days after the date the Developer receives written notice of the <br /> Construction Inspector's rejection of the Construction Plans referred to in the latest such notice, the <br /> Developer shall submit new or corrected Construction Plans. The provisions of this Section relating to <br /> approval, rejection and resubmittal of the Construction Plans shall continue to apply to resubmittal of <br /> corrected Construction Plans until the Construction Plans have been approved by the Construction <br /> Inspector. The Developer shall ensure that all construction work by the Developer or its agents or <br /> independent contractors pursuant to Article III of this Agreement shall be in substantial conformity with <br /> the Construction Plans as finally approved by the Construction Inspector. <br /> 4.4 Changes. During the progress of the Development Project, the Developer may make such <br /> reasonable changes, including, without limitation, modification of the construction schedule, including <br /> dates of commencement and completion within the limitations otherwise set forth in this Agreement, <br /> modification of the areas in which the Development Project is to be performed, relocation, expansion or <br /> deletion of items, and such other changes to the Construction Plans as site conditions or orderly <br /> development may dictate or as may be required to meet any reasonable requests of prospective tenants or <br /> purchasers of any portion of the Development Property, or as may be necessary or desirable to enhance <br />' the economic viability of the Development Project; provided that, any such changes shall be in <br /> accordance with the general objectives of, and shall be in substantial conformity with, the Development <br /> Project as provided in the Concept Site Plan, the Redevelopment Plan, the Redevelopment Project, and <br /> this Agreement. Notwithstanding the foregoing, the Developer shall not make any changes pursuant to <br /> this Section that will result in a Material Change to the Concept Site Plan or any change to the exterior <br /> appearance of the Development Project unless the Developer obtains the advance written consent of the <br /> Municipality pursuant to Section 4.1.2 of this Agreement, which consent shall not be unreasonably <br /> withheld or delayed. <br /> 12 <br />