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The Schedule of Performance is subject to revision from time to time as mutually agreed upon in writing <br />between Developer and the City Manager or his/her designee ("City Manager"), and City Manager is <br />authorized on behalf of City to agree to make such revisions as he deems reasonably necessary. The <br />City Manager, in his/her sole discretion, may elect to bring to the City Council for consideration and <br />action any modifications to this Schedule of Performance. It is understood that the Schedule of <br />Performance is subject to all of the telms and conditions set forth in the text of the Agreement. The <br />summary of the items of perfolmance in the Schedule of Performance is not intended to supersede or <br />modify the more complete description in the text of the Agreement; in the event of any inconsistency <br />between the Schedule of Performance and the text of the Agreement, the text shall govern. In the event <br />the City Manager deems it necessary to bring to City Council for consideration one or more <br />modifications to this Schedule of Performance, the discretion to do so is expressly reserved to the City <br />Manager. The time periods set follh herein for City approval of plans and drawings and other <br />submittals that are submitted to City by Developer shall only apply and commence upon Developer' s <br />complete submittal of all the required information. In no event shall an incomplete submittal by <br />Developer trigger any City obligations of review and/or approval hereunder; provided, however, that <br />City shall notify Developer of an incomplete submittal as soon as is practicable and in no event later <br />than the applicable time set forth for City action on the particular item in question. If any of the <br />foregoing performance measurements are not met then it will be deemed a default as defined in Section <br />20 and any remedies shall be cured according to said Section of the Agreement. <br />