Common use of Certificate of Completion Clause in Contracts

Certificate of Completion. (a) Promptly after completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding the date for completion thereof), the Authority will furnish the Developer with a Certificate of Completion in the recordable form attached hereto as Schedule D. Such Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown as Schedule D, in recordable form and executed by the Authority. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) If the Authority shall refuse or fail to provide the Certificate of Completion in accordance with the provisions of this Section 3.4 of this Agreement, the Authority shall, within thirty (30) days after written request by Developer for the Certificate of Completion, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such Certificate of Completion. (d) The construction of the Minimum Improvements shall be deemed to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans and when a certificate of occupancy is issued. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements.

Certificate of Completion. (a) Promptly after completion a. Upon Substantial Completion of the Minimum Improvements in accordance with those the provisions of this Agreement, the Agreement relating solely to City shall furnish Developer with an instrument certifying such completion (herein called the obligations “Certificate of Completion”). Upon written request by Xxxxxxxxx, the Property may be divided into parts or parcels, provided that such subdivision, in the reasonable opinion of the Developer to construct City, is not inconsistent with the Minimum Improvements (excluding the date for completion thereof)Development Plan or this Agreement. At its sole discretion, the Authority will City may furnish the Developer with a Certificate individual Certificates of Completion upon proper completion of the Improvements relating to any such part or parcel. b. When Xxxxxxxxx considers all Project work required hereunder to be complete, in conformance with this Agreement, and ready for final inspection, it shall so notify the recordable form attached hereto as Schedule D. Such Certificate Director of Completion by P&DD (herein called the Authority shall be furnished to Developer within “Director”). Within thirty (30) days after request by Developerof such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Director will so notify Developer in writing indicating in detail in what respects Developer has failed to complete the Improvements in accordance with this Agreement or is otherwise in Default, and what measures and acts Developer must take or perform in order to cure such nonconformity or Default. Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction of the Improvements as required by this Agreement. c. Upon the Director's determination that the Project is complete and in conformance with all provisions and requirements of this Agreement, the Director shall issue the Certificate of Completion. d. Except as may be stated therein, the Certificate of Completion shall be a conclusive determination acknowledgment by P&DD of satisfaction and termination by Developer of its obligations under this Agreement for the portion of the agreements and covenants in Property addressed by the Agreement and in the Deed with respect to the obligations Certificate of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Completion. The Certificate of Completion in substantially the form shown as Schedule Dshall not, in recordable form and executed by the Authority. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developerhowever, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of (i) any obligation of the Developer to any Holder holder of a Mortgagemortgage, or any insurer of a Mortgagemortgage, securing money loaned to finance the Minimum Improvements, or any part thereof, or (ii) the requirements of any department, agency or entity with respect to any building, occupancy, or other permits. (c) If e. The Certificate of Completion shall be in such form as can be recorded against the Authority shall refuse or fail to provide Property. The cost of recording the Certificate of Completion shall be the responsibility of Developer. The Certificate of Completion is subject to the Affordable Housing Requirement as defined in accordance with the provisions of this Section 3.4 of this Agreement, the Authority shall, within Exhibit B and shall include a thirty (30) days after written request by Developer for the Certificate of Completion, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance year Affordable Housing Requirement that runs with the provisions land and that is applicable to all successors and assigns. Such thirty (30) year period shall begin on the date of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such Certificate of Completion. (d) f. The construction Certificate of the Minimum Improvements Completion shall be deemed to in such form as can be completed recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of City. g. For purposes of this Agreement, “Substantial Completion” means when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed are sufficiently complete in accordance with the Construction Plans such that the Property may be used by the Developer and when a certificate of occupancy is issued. (e) The Certificate of Completion issued the public for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in intended uses contemplated by this Agreement to construct the Minimum ImprovementsAgreement.

Certificate of Completion. (a) Promptly after After substantial completion of the Minimum Improvements in accordance with those provisions of the this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding including the date dates for commencement and completion thereof), upon the request of Developer, the Authority will furnish the Developer with a Certificate of Completion in substantially the recordable form attached hereto as provided in Schedule D. C. Such Certificate of Completion certifications by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and it shall be so provided in the Deed and in the certifications themselves) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown as Schedule D, in recordable form and executed by the Authority. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification certifications and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (cb) The certificates described in this Section 4.4 of this Agreement shall be in recordable form with respect to the proper office for the recordation of deeds and other instruments pertaining to the Development Property. If the Authority shall refuse or fail to provide the Certificate of Completion any certification in accordance with the provisions of this Section 3.4 4.4 of this Agreement, the Authority shall, within thirty (30) 30 days after written request by Developer for the Certificate of CompletionDeveloper, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the reasonable opinion of the Authority, for the Developer to take or perform in order to obtain such Certificate of Completioncertification. (dc) The construction of the Minimum Improvements shall be deemed to be completed commenced when the Minimum Improvements are, foundation work has commenced (as reasonably determined by the Authority, Authority Representative). The Minimum Improvements shall be deemed to be substantially completed in accordance with the Construction Plans and when Developer has received a certificate of occupancy is issuedissued by the City. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements.

Certificate of Completion. (a) Promptly after a. Subsequent to the proper completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding the date for completion thereof), the Authority will furnish the Developer with a Certificate of Completion in the recordable form attached hereto as Schedule D. Such Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown as Schedule D, in recordable form and executed by the Authority. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) If the Authority shall refuse or fail to provide the Certificate of Completion in accordance with the provisions of this Section 3.4 Agreement, the City shall furnish the Developer with an instrument certifying such completion (herein called the “Certificate of Completion”). Upon written request by the Developer, the Property may be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Development Plan and this Agreement. At its sole discretion, the City may furnish the Developer with individual Certificates of Completion upon proper completion of the Improvements relating to any such part or parcel. b. When the Developer considers all Project work required hereunder to be complete, in conformance with this Agreement, and ready for final inspection, it shall so notify the Director of the CITY’s Community Economic Development Department (“CEDD”) (herein called the “Director”). Within thirty (30) days of such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Authority shall, within thirty (30) days after written request by Developer for the Certificate of Completion, provide Director will so notify the Developer with a written statement, in writing indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, this Agreement or is otherwise in defaultDefault, and what measures or and acts it will be necessary, in the opinion of the Authority, for the Developer to must take or perform in order to obtain cure such nonconformity or Default. The Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction of the Improvements as required by this Agreement. c. Upon the Director's determination that the Project is complete and in conformance with all provisions and requirements of this Agreement, the Director shall issue the Certificate of Completion. (d) The construction d. Except as may be stated therein, the Certificate of Completion shall be a conclusive acknowledgement by CEDD of satisfaction by the Developer of its obligations under this Agreement for the portion of the Minimum Improvements shall be deemed to be completed when the Minimum Improvements are, as reasonably determined Property addressed by the AuthorityCertificate of Completion, substantially completed except as provided in accordance with the Construction Plans Sections 7.01b, 7.01c and when a certificate of occupancy is issued. (e) 7.01d hereof. The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants not, however, constitute evidence of compliance with or satisfaction of (1) any obligation of the Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof, or (2) the requirements of any department, agency or entity with respect to any building, occupancy, or other permits. e. The Certificate of Completion shall be in this Agreement to construct such form as can be recorded against the Minimum ImprovementsProperty. The cost of recording the Certificate of Completion shall be the responsibility of the Developer. f. In the Director's discretion, Certificates of Completion may be given for each phase if the Project is developed in phases.

Certificate of Completion. (a) Promptly after completion Developer shall notify the Authority when the final certificate of occupancy is received for the Minimum Improvements. Upon receipt of each such final certificate of occupancy and the Authority’s inspection of the Minimum Improvements for consistency with this Agreement as set forth in accordance with those provisions the Certificate of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding the date for completion thereof)Completion, the Authority will furnish to Developer a recordable Certificate of Completion. After notification from Developer and written request from Developer for a Certificate of Completion, the Authority will, within 45 days thereafter, inspect the Minimum Improvements and furnish the Developer with a an appropriate Certificate of Completion in the recordable form attached hereto as Schedule D. Completion. Such Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown as Schedule D, in recordable form and executed by the Authority. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the this Agreement with respect to the obligations of the Developer, and its successors and assigns, Developer to construct the Minimum Improvements and the date dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) If the Authority shall refuse or fail to provide the a Certificate of Completion in accordance with the provisions of this Section 3.4 of this Agreementprovision, the Authority shall, shall promptly notify Developer within thirty (30) days after written the same 45-day period following receipt of request by Developer the Redeveloper for the Certificate of Completion, provide and such notification from the Developer with Authority shall include a written statement, indicating in adequate detail in what respects the Developer has failed to complete the relevant portion of the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such Certificate of Completion. (d) The construction of certification. If the Minimum Improvements Authority fails to issue such a written statement within such 45-day period, the Authority shall be deemed to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans have waived its right to do so and when shall issue a certificate of occupancy is issued. (e) The Certificate of Completion issued for the Minimum Improvements to Developer. Developer shall conclusively satisfy and terminate the agreements and covenants have 60 days following receipt of the Authority’s written response to cure or agree to terms with the Authority regarding issues to be resolved prior to Developer in this Agreement to construct obtaining a Certification of Completion from the Minimum ImprovementsAuthority.

Certificate of Completion. (a) Promptly after Following satisfactory completion of all Project Components, City shall furnish Developer with a “Final Certificate of Completion” substantially in the form of Exhibit N attached hereto and incorporated herein by this reference. City shall not unreasonably withhold, condition or delay such Final Certificate of Completion.‌ The Final Certificate of Completion shall be, and shall state that it is, conclusive determination of satisfactory completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding the date for completion thereof), the Authority will furnish the Developer with a Certificate of Completion in the recordable form attached hereto as Schedule D. Such Certificate of Completion Project improvements required by the Authority shall be furnished to Developer within thirty (30) days after this Agreement. Upon request by Developer, following satisfactory completion of a Project Component or certain aspects of one or more buildings comprising a Project Component (as determined by City) in accordance with this Agreement, City shall furnish Developer with a “Partial Certificate of Completion” as to such completed buildings. Any Partial Certificate of Completion shall be, and shall be a state that it is, conclusive determination of satisfaction and termination satisfactory completion only of those portions of the agreements and covenants Project as specified therein; if none is or are specified, such Partial Certificate of Completion shall be invalid ab initio. After issuance of such Partial Certification of Completion or Final Certificate of Completion, any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Property covered by said Partial Certification of Completion or Final Certificate of Completion shall not (because of such ownership, purchase, lease or acquisition) incur any obligation or liability under this Agreement and in pertaining to such construction. Except as otherwise provided herein, after the Deed issuance of a Partial Certificate of Completion or Final Certificate of Completion for the Property (or such portion thereof), neither City nor any other person shall have any rights, remedies or controls with respect to the Property (or such portion thereof) that it would otherwise have or be entitled to exercise under this Agreement as a result of a default in or breach of any provision of this Agreement pertaining to such construction, and the respective rights and obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance parties with those provisions of this Agreement relating solely reference to the obligations Property (or portion thereof) shall be, as applicable, as set forth in the Grant Deed, Deed of Trust, Grant of Easements Agreement, Affordable Housing Agreement, Retail Agreement, CC&Rs and other documents to be recorded against the Developer Property pursuant to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a this Agreement. The Final Certificate of Completion in substantially the form shown as Schedule D, in recordable form and executed by the Authority. Such certification by the Authority shall be a conclusive determination any Partial Certificates of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder holder of a Mortgageany mortgage, or any insurer of a Mortgage, mortgage securing money loaned to finance the Minimum Improvements, Project or any part thereof. (c) If the Authority shall refuse or fail to provide the . The Final Certificate of Completion in accordance with the provisions and any Partial Certificates of this Section 3.4 of this Agreement, the Authority shall, within thirty (30) days after written request by Developer for the Certificate of Completion, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such Certificate of Completion. (d) The construction of the Minimum Improvements Completion shall not be deemed a notice of completion as referred to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans and when a certificate of occupancy is issuedCalifornia Civil Code Section 9208. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements.

Certificate of Completion. (a) Promptly after final completion of the Minimum Private Improvements and Public Enhancements in accordance with those all the provisions of the this Agreement relating solely to the obligations of the Developer Redeveloper to construct the Minimum Private Improvements (excluding and Public Enhancements and promptly after the date for completion thereof)Redeveloper provides the City the proper documentation that each person, as defined in Neb. Rev. Stat. §49-801, that performed labor or furnished materials, equipment or supplies used in the prosecution of the Private Improvements and Public Enhancements have been properly paid, the Authority will City shall upon request by the Redeveloper furnish the Developer with a Certificate of Completion in of Private Improvements and Public Enhancements, the recordable form attached hereto as Schedule D. of which is shown on Exhibit “E”. Such Certificate of Completion certification by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown as Schedule D, in recordable form and executed by the Authority. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, Redeveloper to construct the Minimum Private Improvements and Public Enhancements. The Certificate of Completion of Private Improvements and Public Enhancements shall be recorded by the date for Redeveloper at its own cost and expense in the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation office of the Developer to any Holder Register of a MortgageDeeds for Lancaster County, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) Nebraska. If the Authority City shall refuse or fail to provide the Certificate of Completion certification in accordance with the provisions of this Section 3.4 of this Agreementparagraph after being requested to do so by Redeveloper, the Authority City shall, within thirty fifteen (3015) days after written request by Developer for the Certificate of CompletionRedeveloper, provide the Developer Redeveloper with a written statement, statement indicating in adequate detail in what respects the Developer respect Redeveloper has failed to complete the Minimum Private Improvements and Public Enhancements subject to such certification in accordance with the provisions of the Agreement, or is otherwise in default, this Agreement and what measures or acts it will be necessary, in the opinion of the AuthorityCity, for the Developer Redeveloper to take or perform in order to obtain such Certificate of Completioncertification. (d) The construction of the Minimum Improvements shall be deemed to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans and when a certificate of occupancy is issued. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements.

Certificate of Completion. (a) Promptly after completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding the date for completion thereof), the Authority will furnish the Developer with a Certificate of Completion in the recordable form attached hereto as Schedule D. Such Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer Redeveloper to construct the Minimum Improvements (including Improvements, and upon request by the dates for beginning and completion thereof)Redeveloper, the Authority Representative shall deliver to will furnish the Developer Redeveloper with a certificate of completion for the Minimum Improvements in a form acceptable for recording in the County Recorder’s Office or the Office of the County Registrar of Titles (the “Certificate of Completion”). The Certificate of Completion in substantially shall be furnished to the form shown as Schedule D, in recordable form and executed Redeveloper within ten (10) business day after request by the Authority. Such certification by the Authority Redeveloper and shall be a conclusive determination of satisfaction conclusively satisfy and termination of terminate the agreements and covenants in this Agreement and in the Agreement with respect to the obligations Deed of the DeveloperRedeveloper, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereofImprovements. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance for construction of the Minimum Improvements, or any part thereof. (c) . If the Authority shall refuse or fail to provide the a Certificate of Completion in accordance with the provisions of this Section 3.4 4.3 of this Agreement, the Authority shall, within thirty ten (3010) business days after written request by Developer the Redeveloper for the Certificate of Completion, provide the Developer Redeveloper with a written statement, indicating in adequate detail in what respects the Developer Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, this Agreement and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer Redeveloper to take or perform in order to obtain such the Certificate of Completion. Redeveloper shall have the right to seek specific performance of the Authority’s covenant to issue a Certificate of Completion. (d) The construction Section 3. Section 4.4 of the Minimum Improvements shall be deemed to be completed when the Minimum Improvements areAgreement, as reasonably determined by the Authoritypreviously amended, substantially completed is hereby stricken in accordance its entirety and replaced with the Construction Plans and when a certificate of occupancy is issued. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements.following revised Section 4.4:

Certificate of Completion. (a) Promptly after completion of the Minimum Improvements and the Public Improvements in accordance with those provisions of the this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements and the Public Improvements (excluding including the date dates for commencement and completion thereof), the Authority City Representative will furnish the Developer with a Certificate of Completion in substantially the recordable form set forth in EXHIBIT B attached hereto as Schedule D. Such hereto. The Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown as Schedule D, in recordable form and executed by the Authority. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Public Improvements and the date for the completion thereof. Such certification Certificate of Completion and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (cb) If the Authority City Representative shall refuse or fail to provide the Certificate of Completion in accordance with the provisions of this Section 3.4 of this Agreement4.5, the Authority City Representative shall, within thirty (30) days after written request by Developer for the Certificate of CompletionDeveloper, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements and/or the Public Improvements in accordance with the provisions of the this Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the reasonable opinion of the AuthorityCity, for the Developer to take or perform in order to obtain such Certificate of Completioncertification. (dc) The construction of the Minimum Improvements shall be deemed to be completed commenced when the Minimum Improvements are, as reasonably determined by the Authority, foundations are completed; and shall be deemed to be substantially completed in accordance with the Construction Plans and when complete upon issuance of a certificate of occupancy is issued. (e) by the City. The Certificate construction of Completion issued for the Minimum Public Improvements shall conclusively satisfy be deemed to be substantially completed upon final inspection by the City and terminate acceptance by the agreements and covenants of the Developer in this Agreement to construct the Minimum ImprovementsCity.

Certificate of Completion. (a) Promptly after completion After Substantial Completion, the Developer shall give notice via recognized overnight courier against a signed receipt, or certified mail return receipt requested to the Economic Development Administrator, with a copy to their counsel, of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding the date for completion thereof)same, the Authority will furnish the Developer with requesting a Certificate of Completion in with respect to the recordable form attached hereto as Schedule D. Such Certificate Project. Notwithstanding any other provision of Completion by this Agreement, the Authority Economic Development Administrator shall inspect or shall cause the Developer Improvements to be furnished to Developer inspected within thirty (30) days after of a request for a Certificate of Completion and shall furnish such Certificate of Completion within sixty (60) days of the Developer’s request therefor. A Certificate of Completion shall be in such form as will enable it to be recorded on the New Haven Land Records; or, in the alternative, the Developer files an affidavit of facts relating to title or interest in real estate as permitted by DeveloperSection 7.2(D) of this Agreement, and below. A Certificate of Completion shall be a conclusive determination of the satisfaction and termination of the agreements Developer’s obligation to construct the Project in accordance with the terms and covenants in conditions of this Agreement. The effect of the Agreement and in the Deed issuance of a Certificate of Completion shall mean (i) except for ongoing obligations with respect to the obligations operation of the DeveloperProperty, as set forth in Section 3.1 (affordable units)Section 4.1 (Permanent Jobs) and its successors and assignsSection 4.4 (PILOT)of this Agreement, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion all rights of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown as Schedule D, in recordable form and executed by the Authority. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement City with respect to the obligations Property as set forth in this Agreement shall terminate; and, (ii) any Right of Reversion set forth in this Agreement is extinguished. Notwithstanding any other provision of this Agreement, if the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) If the Authority Economic Development Administrator shall refuse or fail to provide the a Certificate of Completion in accordance with the provisions of this Section 3.4 of this AgreementSection, the Authority Economic Development Administrator shall, within thirty such sixty (3060) days after written request by Developer for the Certificate of Completionday period, provide the Developer with a written statement, indicating statement setting forth in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in defaultProject, and what measures or acts it will be necessary, in the opinion of the Authority, necessary for the Developer to take or perform in order to obtain a Certificate of Completion the Project. Following receipt of such written statement, the Developer shall promptly carry out the corrective measures or acts described in the written statement, and a Certificate of Completion will be delivered to the Developer within fifteen (15) days of the completion by the Developer of the items set forth in the written statement. In the event of any dispute between the City and the Developer with respect to the issuance of the Certificate of Completion. , the parties shall participate in the Dispute Resolution Procedure set forth herein. Notwithstanding any other provision of this Agreement, if the Economic Development Administrator shall fail to provide the Developer with a Certificate of Completion or with a written statement within such sixty (d60) The construction day period of the Minimum Improvements a request for a Certificate of Completion, such failure shall be deemed to be completed when constitute certification that the Minimum Improvements areProject has been completed. In such case, the Developer shall, in its sole discretion, record, in lieu of the Certificate of Completion, an Affidavit of Facts relating to title or interest in real estate, as reasonably determined permitted by C.G.S. 47-12a (“Developer’s Affidavit”), on the AuthorityNew Haven Land Records, substantially completed in accordance with setting forth the Construction Plans failure of the City to issue a Certificate of Completion within the time required for issuing same. The Developer’s Affidavit shall have the same force and when effect as a certificate of occupancy is issued. (e) The Certificate of Completion issued for by the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum ImprovementsEconomic Development Administrator.

Certificate of Completion. (a) Promptly after After completion of the Minimum Improvements Improvements, or Demolition, as applicable, Developer may make a written request to the City for a Certificate of Completion, in accordance with those provisions substantially the form set forth in Exhibit C, attached hereto. Within twenty (20) days after the Developer’s request, the City shall furnish the Certificate of Completion if: a. For completion of the Minimum Improvements: (i) the Minimum Improvements have been completed in compliance with this Agreement relating solely to the satisfaction of the City, and (ii) occupancy permits for the Minimum Improvements have been issued by the building official of the City. b. For completion of Demolition: (i) all structures on the Development Property have been demolished, (ii) all associated debris has been removed from the Development Property and properly disposed of; and (iii) the Development Property is otherwise prepared for redevelopment to the satisfaction of the City. Such Certificate of Completion shall be a conclusive determination of satisfactory termination of the covenants and conditions of this Agreement with respect to the obligations of the Developer to construct the Minimum Improvements (excluding or complete the date for completion thereof)Demolition, as the Authority will furnish the Developer with a case may be. The Certificate of Completion may be recorded in the recordable form attached hereto as Schedule D. Such Certificate proper office for the recordation of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, deeds and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect other instruments pertaining to the obligations of Development Property at the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown as Schedule D, in recordable form and executed by the Authority’s sole expense. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) If the Authority City shall refuse or fail to provide the Certificate of Completion in accordance with the provisions of this Section 3.4 of this Agreement6.4, the Authority City shall, within thirty twenty (3020) days after written request by Developer for the Certificate of CompletionDeveloper, provide the Developer with a written statement, statement indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements or Demolition in accordance with the provisions of the this Agreement, or is otherwise in defaultdefault under the terms of this Agreement, and what measures or acts it will be necessary, in the opinion of the AuthorityCity, for the Developer to take or perform in order to obtain such the Certificate of Completion. (d) The construction of the Minimum Improvements shall be deemed to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans and when a certificate of occupancy is issued. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements.

Certificate of Completion. (a) Promptly after Upon the completion of the Minimum Improvements Project in accordance with those provisions this Agreement, Landmark Owner shall request from the Department a certificate of completion (“Certificate of Completion”). Such request shall include: a summary of the Agreement relating solely to final Project costs, (iii) a then-current summary of Draws and Advances from the obligations Escrow Account for the Project, (iv) photos of the Developer completed Project, (v) copies of all permits, (vi) a letter from the architect of record certifying the Project Scope of Work is complete, and (vii) the Third-Party Architect/Engineer’s Conditional Certificate pursuant to construct the Minimum Improvements (excluding the date for completion thereofSection 2.5(f), the Authority will furnish the Developer with a Certificate of Completion in the recordable form attached hereto as Schedule D. Such Certificate of Completion by the Authority shall be furnished to Developer within . Within thirty (30) days after receipt of a written request by Developer, and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially Completion, the form shown as Schedule D, in recordable form and executed by the Authority. Such certification by the Authority Department shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement provide Landmark Owner with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) If the Authority shall refuse or fail to provide either the Certificate of Completion in accordance with the provisions of this Section 3.4 of this Agreement, the Authority shall, within thirty (30) days after written request by Developer for the Certificate of Completion, provide the Developer with or a written statement, statement indicating in adequate detail in what respects the Developer how Landmark Owner has failed to complete the Minimum Improvements Project in accordance conformity with the provisions of the this Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, necessary for the Developer Landmark Owner to take or perform in order to obtain such the Certificate of Completion. (d) The construction . If the Department requires additional measures or acts to assure compliance, Landmark Owner shall resubmit a written request for the Certificate of the Minimum Improvements shall be deemed to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance Completion upon compliance with the Construction Plans and when a certificate of occupancy is issued. (e) Department’s response. The Certificate of Completion issued for shall not constitute evidence that Landmark Owner has complied with any laws relating to the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants construction of the Developer in this Agreement Project and shall not serve as any “guaranty” as to construct the Minimum Improvementsquality of the construction. The Department’s issuance of the Certificate of Completion shall be a condition precedent to the final disbursement of the Grant Funds to Owner.

Certificate of Completion. (a) Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding including the date dates for beginning and completion thereof), the Authority will furnish the Developer with a Certificate of Completion in the recordable form attached hereto as Schedule D. Such Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown as Schedule D, provided in recordable form and executed by the AuthorityEXHIBIT C attached hereto. Such certification by the Authority shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (cb) The certificate provided for in this Section 4.4 shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property. If the Authority shall refuse or fail to provide the Certificate of Completion any certification in accordance with the provisions of this Section 3.4 of this Agreement4.4, the Authority shall, within thirty (30) days after written request by Developer for the Certificate of CompletionDeveloper, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such Certificate of Completioncertification. (dc) The construction of the Minimum Improvements shall be deemed to be commenced upon beginning of excavation for the building, and shall be deemed to be substantially completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans and when Developer has received a certificate of occupancy is issued. (e) The Certificate of Completion issued by the Authority for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements.

Certificate of Completion. (a) Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding including the date dates for beginning and completion thereof), the Authority will furnish the Developer with a Certificate of Completion an appropriate instrument so certifying; provided that if Developer shall substantially complete the Minimum Improvements later than permitted under this Agreement, it shall nevertheless be entitled to receive and the Authority shall issue such certificate unless prior thereto the Authority shall have unconditionally and finally caused title to the Development Property to be revested in the recordable form attached hereto as Schedule D. Authority pursuant to Section 9.3 hereof. Such Certificate of Completion certification by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date dates for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown as Schedule D, in recordable form and executed by the Authority. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (cb) The certificate provided for in this Section 4.4 of this Agreement shall be in such form as will enable to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property. If the Authority shall refuse or fail to provide the Certificate of Completion any certification in accordance with the provisions of this Section 3.4 4.4 of this Agreement, the Authority shall, within thirty (30) days after written request by Developer for the Certificate of CompletionDeveloper, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such Certificate of Completioncertification. (dc) The construction of the Minimum Improvements shall be deemed to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans and when Developer has received a certificate of occupancy is issuedfrom the responsible inspecting authority. The City agrees to act in good faith in the issuance of such certificate of occupancy and not to withhold or delay such issuance thereof except only based upon Developer's failure to comply or satisfy such conditions as are normally imposed by the City in connection with issuance of such certificates. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements.

Certificate of Completion. (a) Promptly after completion Upon Completion of the Minimum Improvements entire Project and/or a Phase, for purposes of releasing the restrictions referenced in accordance with those provisions of this Agreement, and under the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding the date for completion thereof)Applicable Law, the Authority will furnish the Developer with Borough shall issue a Certificate of Completion in proper form for recording, which shall acknowledge that Redeveloper has performed all of its duties and obligations under this Agreement and has Completed construction of the recordable form attached hereto as Schedule D. Such Project or Phase in accordance with the requirements of the Applicable Law, the Redevelopment Plan and this Agreement. The Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and shall be constitute a recordable conclusive determination of the satisfaction and termination of the agreements restrictions, obligations and covenants contained in the this Agreement and in the Deed Redevelopment Plan with respect to the obligations Redeveloper’s construction of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion Project or Phase. Upon issuance of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion (a) the agreements, restrictions, and covenants set forth in substantially Section 6 shall cease and terminate, except for those covenants and restrictions set forth in Section 6 which shall survive in accordance with the form shown terms of Section 6 for the Project and/or a Phase, (b) the conditions determined to exist at the time the Redevelopment Area was designated as Schedule D, in recordable form and executed by the Authority. Such certification by the Authority need of redevelopment shall be deemed to no longer exist for the Project and/or a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the DeveloperPhase, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) the land and Improvements constituting the Completed Project and/or a Phase within the Redevelopment Area shall no longer be subject to eminent domain based upon such conditions. If the Authority Borough shall fail or refuse or fail to provide the Certificate of Completion within twenty (20) days after written request by Redeveloper, the Borough shall provide to Redeveloper a written statement setting forth in detail the respects in which it believes that Redeveloper has failed to Complete the Project or Phase, or portion thereof, in accordance with the provisions of this Section 3.4 Agreement or otherwise has committed an Event of Default under this Agreement, the Authority shall, within thirty (30) days after written request by Developer or any other applicable agreement and what reasonable measures or acts shall be necessary in order for Redeveloper to be entitled to a Certificate of Completion. Upon receipt of the Certificate of Completion, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts Redeveloper may record it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such Certificate of CompletionHunterdon County Clerk’s office. (d) The construction of the Minimum Improvements shall be deemed to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans and when a certificate of occupancy is issued. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements.

Certificate of Completion. (a) Promptly after completion of the Minimum Improvements Project construction, including landscaping, in accordance with those provisions this Agreement, Xxxxx shall request in writing that the Commissioner of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding the date for completion thereof), the Authority will furnish the Developer with DCD issue a Certificate of Completion in ("Certificate") and return the recordable form attached hereto as Schedule D. Such Deposit. The Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, Buyer and its successors and assigns, assigns to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for the beginning and completion thereof). Buyer’s request shall include a written project summary on final project costs, dates for commencement and completion, occupancy summary and SBE participation. Buyer shall provide City Representatives with Property access to inspect the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown as Schedule D, in recordable form and executed by the Authority. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) If the Authority shall refuse or fail to provide the Certificate of Completion in accordance with the provisions of this Section 3.4 of this Agreement, the Authority shall, Property within thirty (30) days after following receipt of Xxxxx's written request by Developer for and project summary to determine if the Project has been completed according to City‐approved plans and this Agreement. If the Property is determined to be in conformance, the Commissioner shall execute the Certificate within thirty (30) days of Completionthe inspection and shall present the Certificate to Buyer. If the Commissioner refuses to authorize this Certificate, City shall within thirty (30) days of the Property inspection provide the Developer Buyer with a written statement, statement indicating in adequate detail in what respects the Developer how Xxxxx has failed to complete the Minimum Improvements in accordance with the provisions development of the Property in conformity with approved plans or this Agreement, or is otherwise in default, and what measures or acts it will be are necessary, in the opinion of the AuthorityCommissioner, for the Developer Buyer to take or perform in order to obtain such Certificate of Completion. (d) The construction the Certificate. Concurrent with DCD’s consideration of the Minimum Improvements request for the Certificate, City shall consider return of the Deposit. All or part of the Deposit may be retained by City if the project is not completed according to the schedule specified in Section 2. A check for the amount of Deposit authorized for return by City shall be deemed to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans and when a certificate provided within ten (10) days of occupancy is issued. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants issuance of the Developer in this Agreement to construct the Minimum ImprovementsCertificate by City.

Certificate of Completion. (a) Promptly after completion Upon Completion of the Minimum Improvements entire Project and/or a Phase, for purposes of releasing the restrictions referenced in accordance with those provisions of this Agreement, and under the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding the date for completion thereof)Applicable Law, the Authority will furnish the Developer with Borough shall issue a Certificate of Completion in proper form for recording, which shall acknowledge that Redeveloper has performed all of its duties and obligations under this Agreement and has Completed construction of the recordable form attached hereto as Schedule D. Such Project or Phase in accordance with the requirements of the Applicable Law, the Redevelopment Plan and this Agreement. The Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and shall be constitute a recordable conclusive determination of the satisfaction and termination of the agreements restrictions, obligations and covenants contained in the this Agreement and in the Deed Redevelopment Plan with respect to the obligations Redeveloper’s construction of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion Project or Phase. Upon issuance of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion (a) the agreements, restrictions, and covenants set forth in substantially Section 6 shall cease and terminate, except for those covenants and restrictions set forth in Section 6 which shall survive in accordance with the form shown terms of Section 6 for the Project and/or a Phase, (b) the conditions determined to exist at the time the Project Area was designated as Schedule D, in recordable form and executed by the Authority. Such certification by the Authority need of redevelopment shall be deemed to no longer exist for the Project and/or a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the DeveloperPhase, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) the land and Improvements constituting the Completed Project and/or a Phase within the Project Area shall no longer be subject to eminent domain based upon such conditions. If the Authority Borough shall fail or refuse or fail to provide the Certificate of Completion within twenty (20) Days after written request by Redeveloper, the Borough shall provide to Redeveloper a written statement setting forth in detail the respects in which it believes that Redeveloper has failed to Complete the Project or Phase, in accordance with the provisions of this Section 3.4 Agreement or otherwise has committed an Event of Default under this Agreement, the Authority shall, within thirty (30) days after written request by Developer or any other applicable agreement and what reasonable measures or acts shall be necessary in order for Redeveloper to be entitled to a Certificate of Completion. Upon receipt of the Certificate of Completion, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts Redeveloper may record it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such Certificate of CompletionHunterdon County Clerk’s office. (d) The construction of the Minimum Improvements shall be deemed to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans and when a certificate of occupancy is issued. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements.

Certificate of Completion. (a) Promptly after Upon substantial completion of the Minimum Improvements in accordance with those provisions relevant phases of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding the date for completion thereof)Project, the Authority will furnish the Developer with Agency shall prepare a Certificate of Completion substantially in the recordable form attached hereto as Schedule D. Such Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown as Schedule D, in recordable form and executed by the AuthorityAttachment No. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) If the Authority shall refuse or fail to provide the Certificate of Completion in accordance with the provisions of this Section 3.4 of this Agreement, the Authority shall11, within thirty (30) days after following receipt by the Agency of a written request therefor by Developer the Owner. Upon the request of the Owner, the Agency may issue one or more Certificates of Completion when the Owner has completed (or caused third party tenants to so complete) the improvements as follows: (i) upon completion of the improvement of corporate headquarters office building of the Project; (ii) upon completion of the improvement of other portions of the Project Site; and (iii) upon completion of the Project in its entirety. Each Certificate of Completion shall evidence a conclusive determination by the Agency of satisfactory completion of the improvement of the Project (or such portion thereof, as applicable) by the Owner. After the recordation of the Certificate of Completion by the Agency, neither the Owner, nor any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Project Site (or such portion thereof affected by the Certificate of Completion) shall (because of such ownership, purchase, lease or acquisition) have any further obligation or liability under this Agreement for matters arising prior to the date of recordation of the Certificate of Completion or thereafter; provided however, that the covenants contained in Section 4.1 through Section 4.4, shall bind each successor in interest of the Owner in the Project Site (or such portion thereof affected by the Certificate of Completion) as covenants which run with the land. (b) If the Agency seeks to withhold the execution of Certificate of Completion, then the Agency shall, within said thirty (30) days of the date of the written request for the issuance of a Certificate of Completion, provide to the Developer with Owner a written statement, indicating in adequate detail in what respects statement setting forth the Developer has failed reasons with respect to complete the Minimum Improvements in accordance with the provisions Agency’s refusal or failure to prepare and execute a Certificate of Completion. The statement shall also contain a detailed description of the Agreementaction the Owner must take to obtain a Certificate of Completion. If the reason for such refusal is confined to minor building “punch list” items, the Agency shall issue its Certificate of Completion conditioned upon the delivery of cash or is otherwise other reasonably acceptable surety in default, an amount and what measures or acts it will be necessary, in terms subject to the opinion reasonable approval of the Authority, for the Developer to take or perform in order to obtain Executive Director. No such Certificate of Completion. (d) The construction Completion of the Minimum Improvements Agency shall be deemed to be completed when the Minimum Improvements are, constitute a notice of completion as reasonably determined by the Authority, substantially completed referred to in accordance with the Construction Plans and when a certificate of occupancy is issued. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants Section 3093 of the Developer in this Agreement to construct the Minimum ImprovementsCalifornia Civil Code.

Certificate of Completion. (a) Promptly after Upon completion of the Minimum Improvements construction of the Project, the DEVELOPER shall submit to the CITY: 1) certification in writing that the Project has been substantially completed in accordance with those provisions the plans and specifications, approved by the CITY; 2) a recorded Notice of Completion; and 3) a request for a recorded Certification of Completion. Upon a determination by the CITY that the DEVELOPER is in compliance with all of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding the date for completion thereof)DEVELOPER’s construction obligations, as specified in this Agreement, the Authority will CITY shall furnish and record, within 30 calendar days of a written request by the Developer with DEVELOPER, a recordable Certificate of Completion for the Project in the recordable form attached hereto as Schedule D. Such EXHIBIT “E”. The CITY will not unreasonably withhold or delay furnishing the Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown as Schedule D, in recordable form and executed by the AuthorityCompletion. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) If the Authority shall refuse or fail CITY fails to provide the Certificate of Completion within the specified time, it shall provide the DEVELOPER a written statement indicating in what respects the DEVELOPER has failed to complete the Project in conformance with this Agreement or has otherwise failed to comply with the terms of this Agreement, and what measures the DEVELOPER will need to take or what standards it will need to meet in order to obtain the Certificate of Completion. Upon the DEVELOPER taking the specified measures and meeting the specified standards, the DEVELOPER will certify to the CITY in writing of such compliance and the CITY shall deliver and record the Certificate of Completion to the DEVELOPER in accordance with the provisions of this Section 3.4 of this Agreement, the Authority shall, within thirty (30) days after written request by Developer for the Certificate of Completion, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such Certificate of CompletionSection. (d) The construction of the Minimum Improvements shall be deemed to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans and when a certificate of occupancy is issued. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements.

Certificate of Completion. (a) Promptly after completion The Developer shall notify the City when construction of the Minimum Improvements Project has been substantially completed. The City shall promptly inspect the Project in accordance order to determine whether the Project has been constructed in substantial conformity with those provisions of this Agreement, the Agreement relating solely approved Construction Plans, the PUD and the Development Agreement. If the City determines that the Project has not been constructed in substantial conformity with this Agreement, the approved Construction Plans, the PUD and the Development Agreement, the City shall deliver a written statement to the obligations of Developer indicating in adequate detail the specific respects in which the Project has not been constructed in substantial conformity with the approved Construction Plans and Developer to construct shall promptly remedy such deficiencies. Promptly upon determining that the Minimum Improvements (excluding the date for completion thereof)Project has been constructed in substantial conformity with this Agreement, the Authority approved Construction Plans, the PUD and the Development Agreement, the City will furnish the Developer with a Certificate of Completion in the recordable form attached hereto as Schedule D. Such Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer a Certificate of Completion in substantially the form shown attached hereto as Schedule D, in recordable form and executed by Exhibit F certifying the Authority. Such certification by the Authority shall be a conclusive determination of satisfaction and termination completion of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereofProject. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) If the Authority shall refuse or fail to provide the Certificate of Completion in accordance with the provisions of this Section 3.4 of this Agreement, the Authority shall, within thirty (30) days after written request by Developer for the Certificate of Completion, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such Certificate of Completion. (d) The construction of the Minimum Improvements shall be deemed to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans and when a certificate of occupancy is issued. (e) The Certificate of Completion issued for the Minimum Improvements Project shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement and the Deed to construct the Project. The Developer may cause the Certificate of Completion to be recorded in the proper office for recordation of deeds and other instruments pertaining to the Development Property. The Certificate of Completion does not release the obligations of the Developer under Sections 3(f) 5(b), 6(b), 8(a) with respect to its obligation to provide a one year landscaping warranty, 8(c), 11(c) and 22 of the Development Agreement, the obligations of the Developer under Sections 3.8(1), 3.8(6), 3.10, 4.2, 5.5, 5.6, 6.1, 6.2 and 6.3 of this Agreement, the Minimum ImprovementsAssessment Agreement or the Parking Easement Agreement (attached as Exhibit C to the Development Agreement).

Certificate of Completion. 3.7.1 After (ai) Promptly after completion of construction by the Minimum Improvements in accordance with those provisions Developer of all of the Agreement relating solely Improvements, (ii) the Developer has obtained a Certificate of Occupancy , and (iii) the Developer has caused a notice of completion (as described in California Civil Code Section 3093) with respect to the obligations Improvements to be recorded in the Official Records of the Developer to construct the Minimum Improvements (excluding the date for completion thereof)Los Angeles County, California, the Authority will Agency shall, following written request by the Developer, furnish the Developer with a Certificate of Completion for the Improvements within ten (10) business days of such request. The Certificate of Completion shall be in the recordable form attached hereto as Schedule D. Such Exhibit “D” and incorporated herein by this reference. The Agency shall not unreasonably withhold, condition or delay the issuance of the Certificate of Completion. The Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developerbe, and shall be so state that it is, a conclusive determination of satisfaction and termination satisfactory completion by the Developer of the agreements and covenants in the Agreement and in the Deed with respect all of its construction obligations under this Agreement, as to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereofImprovements. 3.7.2 If the Agency refuses or fails within ten (b10) Within fifteen (15) business days after substantial completion receipt of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of a written request from the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof)issue a Certificate of Completion, the Authority Representative Agency shall deliver to provide the Developer with a written statement of the reasons the Agency refused or failed to furnish a Certificate of Completion. The statement shall also specify the actions the Developer must take to obtain a Certificate of Completion for the Improvements. If the reason for such refusal is confined to the immediate availability of specific items or material for landscaping or any other non- structural matters, and the costs of completion does not exceed Two Hundred Fifty Thousand Dollars ($250,000.00), the Agency shall issue its Certificate of Completion upon the Developer’s depositing with the Agency cash or an irrevocable standby letter of credit issued by a bank or other financial institution acceptable to the Agency in substantially an amount equal to the form shown fair value of the work not yet completed as Schedule D, in recordable form and executed determined by the AuthorityAgency. Such certification The determination of fair value shall be made by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants Agency in the Agreement with respect to the obligations exercise of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination reasonable judgment. 3.7.3 The Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder holder of a Mortgagemortgage, trust deed or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (c) If the Authority shall refuse or fail to provide the other security instrument. Such Certificate of Completion shall not be construed as a notice of completion as described in accordance with the provisions of this California Civil Code Section 3.4 of this Agreement, the Authority shall, within thirty (30) days after written request by Developer for the Certificate of Completion, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such Certificate of Completion3093. (d) The construction of the Minimum Improvements shall be deemed to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans and when a certificate of occupancy is issued. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements.

Certificate of Completion. (a) Promptly after completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (excluding the date for completion thereof), the Authority will furnish the Developer with a Certificate of Completion in the recordable form attached hereto as Schedule D. Such Certificate of Completion by the Authority shall be furnished to Developer within thirty (30) days after request by Developer, and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) Within fifteen (15) days after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer Xxxx Theatres to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Developer EDA will furnish Xxxx Theatres with a Certificate of Completion in substantially the form shown as Schedule Dprovided in Exhibit B, in recordable form and executed by the Authority. providing a copy thereof to S & B Realty Such certification by the Authority EDA shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the this Agreement with respect to the obligations of the DeveloperXxxx Theatres, and its successors and assigns, to construct the Minimum Improvements and the date dates for the beginning and completion thereof. Such certification by the EDA shall be a conclusive determination that any remaining obligations under this Agreement, shall be solely contractual obligations of S & B Realty or Xxxx Theatres as applicable, and parties to whom S & B Realty or Xxxx Theatres expressly assigns, and who expressly assume, S & B Realty's or Xxxx Theatres', as applicable obligations under this Agreement and that the remaining covenants of S & B Realty or Xxxx Theatres, as applicable, under this Agreement are not intended to run with title to the Development Property or bind successors in title to the Development Property. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer Xxxx Theatres to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (cb) If the Authority EDA shall refuse or fail to provide the Certificate of Completion any certification in accordance with the provisions of this Section 3.4 4.4 of this Agreement, the Authority EDA shall, within thirty (30) 30 days after written request by Developer for the Certificate of CompletionS & B Realty or Xxxx Theatres, provide the Developer S & B Realty and Xxxx Theatres with a written statement, indicating in adequate detail in what respects the Developer Xxxx Theatres has failed to complete the Minimum Improvements that have not been completed in accordance with the provisions of the Agreement, or either S & B Realty or Xxxx Theatres is otherwise in default, and what measures or acts it will be necessary, necessary in the opinion of the AuthorityEDA, for the Developer S & B Realty and Xxxx Theatres to take or perform in order to obtain such Certificate of Completioncertification. (d) The construction of the Minimum Improvements shall be deemed to be completed when the Minimum Improvements are, as reasonably determined by the Authority, substantially completed in accordance with the Construction Plans and when a certificate of occupancy is issued. (e) The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements.