When Developer Entitled to Certificate of Performance Sample Clauses

When Developer Entitled to Certificate of Performance. Upon substantial completion of the Project in accordance with this Agreement and satisfaction of the other conditions of this Section 9, within ten (10) Business Days of written request from Developer, City will furnish Developer with a recordable Certificate of Performance, substantially in the form attached hereto as Exhibit C hereto. Notwithstanding the foregoing, City shall not be required to issue the Certificate of Performance if Developer is not then in material compliance with the terms of this Agreement. In addition, if punchlist items remain when Developer requests the Certificate of Performance, City may require as a condition to the issuance thereof that Developer post a bond or provide other financial assurance reasonably satisfactory to City to insure completion of the punchlist items, and Developer agrees to proceed with all reasonable diligence to complete the punchlist items.
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