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<br />C. The City shall state in writing the reasons for disapproval of the Final Plans within <br />sixty (60) days of receipt of copies of such Final Plans. Failure to respond within this sixty (60) day <br />period shall not be grounds for resubmittal. <br /> <br />D. Nexus, upon receipt of a notice of disapproval, shall revise such portions of the <br />plans, drawings or related documents in a manner that reasonably satisfies the reasons for <br />disapproval and shall resubmit such revised portions to the City as soon as possible after receipt of <br />the notice of disapproval. Plans, drawings, and related documents receiving City approval shall not <br />be subsequently disapproved. Nexus shall ensure that all of its plans, drawings and related <br />documents comply with all Governmental Requirements. <br /> <br />5. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF NEXUS <br />IMPROVEMENTS <br /> <br />a. Nexus shall construct and/or fund, utilizing the Nexus Escrow, the improvements in <br />conformance with Exhibit A to this Agreement and the approved Final Plans. To the extent that the <br />cost of the Nexus Improvements, constructed in conformance with Exhibit A to this Agreement and <br />the approved Final Plans, exceeds the funds in the Nexus Escrow, Nexus and Geneva Cornmons <br />shall be solely responsible for said costs, with each responsible for any additional cost to the same <br />percentage as is set forth in paragraph 1.B. of this Agreement. Nexus shall complete or fund, as the <br />case may be, the construction of the improvements in conformance with the schedule set forth in <br />Exhibit B to this Agreement. <br /> <br />b. The parties acknowledge and agree that the Block Wall identified as Item No. I on <br />Exhibit A will be constructed on the properties of dozens of individual homeowners in the <br />Sandpointe neighborhood, none of whom are parties to this Agreement. The parties agree to use <br />their best efforts to obtain permission of each of these individual property owners to construct this <br />Block Wall and to permit the City to permanently maintain the climbing ivy along the exterior of the <br />wall. However, it is the parties understanding and intent that should any property owner refuse to <br />agree to permit the construction and/or exterior ivy maintenance ("hold outs"), that the Block Wall <br />will be constructed regardless of any hold-outs, and that Nexus shall construct the Block Wall in <br />such fashion as to join the Block Wall to existing wall segments owned by hold outs and minimize <br />any negative aesthetic impact caused by such hold outs. Nexus agrees to hold Sandpointe and its <br />officers, directors, employees and agents harmless from any claim by any and all property owners <br />including such hold outs arising out of the construction of the Block Wall in which Sandpointe, or its <br />officers, directors, employees or agents are named. Nexus shall be permitted to select counsel to <br />defend Sandpointe at the expense of Nexus. In the event ofa potential conflict of interest between <br />Sandpointe and Nexus, Sandpointe shall have the right to select independent counsel. All fees and <br />costs of independent counsel selected by Sandpointe for defense of any claim arising out of or <br />relating to any claims described herein shall be paid by Nexus on behalf of Sandpointe. <br /> <br />'i <br />