VDC AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

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C. The City shall state in writing the reasons for disapproval of the Final Plans within sixty (60) days of receipt of copies of such Final Plans. Faihrre to respond within this sixty (60) day period shall not be grounds for rosubmittat. D. Nexus, upon receipt of a notice of disapproval, shall revise such portions of the plans, drawhrgs or related documents in a inannor that reasonably satisfies tho rmotis for disapproval and shall resubmit such revised portions to the City as soon as possible aftarreccipt of the notice of disapproval. Plans, drawings, and related dootunents receiving City approval shall not bo subsequently disapproved. Nexus shall ensure that all of Its plans, drawings and related documents comply with all Goveniniental Requirements. 5. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF NEXUS IWROV13MENTS a. Nexus shall construct and/or fend, idilizing the Nexus Escrow, the improvements in. confortuance with Exhibit A to this Agreomont and the approved Final Plans. To the extent that the cost of tho Nexus Iniprovetnents, constructed In conformance with Bxhlbit A to this Agreement and the approved Final Plans, exceeds the funds in tlto Nexus Morow, Nexus and Genova Commons shall be solely responsible for said costs, with each responsible for any additional cost to the same percentage as Is set forth In paragraph I.D. of Qds Agroement, Noxus shall complete or Rind, as the case may be; the construction of the Improveinonts in, conformance with the schedule sot forth in Exhibit B to this Agreement, b. The parties aeknow]Wge and agree that tho Blook Wall Identified as Item No. I our Exhibit A will be constructed qn the propctties of dozens of individual homeownots in tho Sandpointe neighboritood, none ofwhom are parties to this Agreement, The parties agree to use their best efforts to obtain permission of each of theso individual prolrouty owners to construct this Block Wall and to permit the City to permanently maintain the climbing Ivy along tho exterior of tluc wall, Nowever, It Is the parties undorstanding and intent that should any property owner refuse to agree to pernnlt the constxuctlor and/or extorior ivy maintenance ("hold outs), that the Block Wall will be constructed regardless of arty holdouts, and that Noxus shall construct the Block Wall in such fashion as to join Qho Block Wall to existing wall segments owtted by hold outs said minimize airy rnogativo aosthotic impact caused by such hold outs. Nexus agrees to hold Sandpointe. and its officers, directors, employees and agents lramiless from any claim by any and all property owners including such holdouts arising out of the construction of the BlockWall in which Sandpnhtte, or its officers, directors, employees or agents are named. Nexus shall be permitted to select counsel to defend Sandpointo at the oxponsc of Nexus. In the event of a potential conflict of interest between Sandpointe and Nexus, Sandpointe shall have the right to select independent counsel. All fees and costs of independent counsel selected by Sandpointe for defenso of any claim arising out of or relating to any claims described herein shall be paid by Nexus on behalf of Sandpointe. EXHIBIT D Ordfnancs No. NS-2680 5 gage 34 of tit