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Improvements, specifically showing a site plan, external facade improvements, and elevations of <br />all four sides of the Developer Improvements (collectively, the "Conceptual Site Plan"). <br />302.2 Revisions. If the Developer desires to propose any revisions to the <br />Agency approved Conceptual Site Plan, it shall submit such proposed changes to the Agency, <br />and shall also proceed in accordance with any and all State and local laws and regulations <br />regarding such revisions. At the sole discretion of the Agency, if any material change in the <br />basic uses of any Phase of the Site is proposed in the Conceptual Site Plan from the basic uses of <br />such Phase of the Site as provided for in this Agreement, then this Agreement is subject to <br />renegotiation of all terms and conditions, including without limitation, the economic terms of <br />this Agreement with respect to such Phase of the Site. If the Conceptual Site Plan for a Phase, as <br />modified by the proposed change, generally and substantially conform to the requirements of this <br />Section 302, the Agency Executive Director shall review the proposed change and notify the <br />Developer in writing within fifteen (15) days after submission to the Agency as to whether the <br />proposed change is approved or disapproved. The Agency's Executive Director is authorized, <br />but not obligated, to approve changes that 1) do not significantly modify the overall cost of the <br />Development Improvements; 2) do not reduce the quality of materials to be used; and 3) do not <br />reduce the imaginative and unique qualities of the project design. <br />302.3 Defects in Plans. The Agency shall not be responsible either to the <br />Developer or to third parties in any way for any defects in the Conceptual Site Plan, nor for any <br />structural or other defects in any work done according to the approved Conceptual Site Plan, nor <br />for any delays reasonably caused by the review and approval processes established by this <br />Section 302. The Developer shall hold harmless, indemnify and defend the Agency, the City and <br />their respective officers, employees, agents and representatives from and against any claims, <br />suits for damage to property or injuries to persons arising out of or in any way relating to defects <br />in the Conceptual Site Plan, including without limitation, the violation of any laws, and for <br />defects in any work done according to the approved Conceptual Site Plan. <br />302.4 Use of Architectural Plans. In the event this Agreement is terminated <br />pursuant to Section 303.1 below, the Agency shall become the owner and have the right to use <br />any Conceptual Site Plan and/or architectural plans which are submitted to the Agency by the <br />Developer pursuant to this Section 302. To this end, concurrently with receipt by Developer of <br />the reimbursement contemplated by Section 303.1, the Developer shall execute and cause the <br />Developer Parties to execute such documentation as may be reasonably required by Agency to <br />confirm and evidence such ownership. <br />302.5 Agency Executive Director Approval. Whenever Agency approval is <br />required under this Section 302, such approval may be by the Agency Executive Director or his <br />or her designee. <br />303. Land Use Approvals. Before commencement of construction of any Phase of <br />the Developer Improvements or other works of improvement pursuant to this Agreement, the <br />Developer shall, at its own expense, use its commercially reasonable efforts to secure or cause to <br />be secured any and all land use and other entitlements, permits and approvals which may be <br />required for such Phase of the Developer Improvements by the City or any other governmental <br />agency affected by such construction or work ("Land Use Approvals"). The Agency will, upon <br />DocsaCi1400673Y bV200272.0001 <br />30