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ARTICLE IV. CONSTRUCTION OF THE DEVELOPMENT PROJECT <br /> 4.1 Concept Site Plan. <br /> 4.1.1 Approval of Concept Site Plan. The Concept Site Plan attached hereto as E�ibit <br /> C is hereby approved. <br /> 4.2 Developer to Undertake the Development Project. The Developer shall use its best efforts <br /> to commence and complete the Development Project, in each case in accordance with the terms of this <br /> Agreement. The Developer shall construct the Development Project if at all in a good and workmanlike <br /> manner. Except as otherwise expressly provided herein, the Developer shall have discretion and control, <br /> free from interference, interruption or disturbance, in all matters relating to the management, <br /> development, redevelopment and construction of the Development Project, provided that the same shall, <br /> in any event, conform to and comply with the terms and conditions of the Concept Site Plan, the Plan and <br /> this Agreement, and all applicable state and local laws, ordinances and regulations, including without <br /> limitation applicable zoning, subdivision, building and fire codes, subject to any variances and <br /> governmental approvals. <br /> 4.2.1 Construction Contracts. The Developer may enter into one or more construction <br /> contracts to complete the Development Project. Prior to execution of any construction contract, the <br /> Developer shall provide satisfactory documentation to the Municipality evidencing that such contractor <br /> has agreed that it has no recourse against any Municipality funds and any recourse of any such contractor <br /> against the Municipality is limited to any mechanic's lien rights such contractor may have against the <br /> Development Property or the Developer. Prior to the commencement of the construction of the <br /> Development Project, the Developer shall obtain, or shall ensure that any such contractor obtain workers' <br /> compensation, comprehensive public liability and builder's risk insurance coverage in amounts customary <br /> in the industry for similar type projects and as provided in Section 5.6 of this Agreement. Prior to <br /> commencement of the construction of the Development Project, or simultaneously with the execution and <br /> delivery of this Agreement by the Developer, whichever is later, the Developer shall deliver to the <br /> Municipality evidence of all insurance to be maintained by such contractor as required by this Section. <br /> Developer shall ensure that the insurance required is maintained by any such contractor for the duration of <br /> the constructiori of the Development Project. <br /> 4.2.2 Compliance with Applicable Law. Prior to the execution of any contract with <br /> contractors for construction or installation in connection with the Develo ment Pro'ect the Develo er <br />� , <br /> P J P <br /> shall comply with all applicable state laws, including without limitation those laws pertaining to bidding <br /> and contracting, prevailing wage, performance, labor and material payment bonds, land use, subdivision, <br /> and environmental conditions. The Developer may select such contractors as it deems fit. <br /> 4.3 Construction Plans. The Developer shall not commence construction of the Development <br /> Project without obtaining the approval of the Construction Inspector of Construction Plans relating to <br /> such Development Project, as further provided in this Section 4.3. <br /> 11 <br />