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4.4 Construction Start and Completion of Project <br />4.4.1 The Developer shall commence construction and installation of the <br />Project in accordance with the Performance Schedule. Thereafter, the Developer shall <br />diligently proceed to complete the construction and installation of the Project, in a good and <br />workmanlike manner, in accordance with the Performance Schedule and all applicable Laws <br />and all Approvals for the Project issued by each Government. <br />4.4.2 On or before the Project Completion Date, the Developer shall: <br />(a) Record a Notice of Completion, in accordance with California <br />Civil Code Section 3093, for the entirety of the Project; <br />(b) Cause the Project to be inspected by each Government and <br />correct any defects and deficiencies that may be disclosed by any such inspection; <br />(c) Cause all occupancy certificates and other Approvals necessary <br />for the occupancy and operation of the completed Project to be duly issued; and <br />(d) After commencement of the work of improvement of the Project, <br />the Developer shall not permit the work of improvement of the Project to cease or be suspended <br />for a time period in excess of forty-five (45) calendar days, either consecutively or in the <br />aggregate, other than as a result of an Unavoidable Delay. The City, in its sole and absolute <br />discretion, may extend the Project Completion Date for up to an additional sixty (60) days, in <br />the aggregate. <br />4.5 Compliance with Laws. All work performed in connection with the <br />construction or installation of the Project shall comply with all applicable Laws and Approvals. <br />4.6 Performance Schedule. All planning construction, installation and other <br />development obligations and responsibilities of the Developer related to the Project shall be <br />initiated and completed within the times specified in the Performance Schedule, or within such <br />reasonable extensions of such times granted by the City or as otherwise provided for in this <br />Agreement. <br />4.7 Developer Attendance at City Meetings. The Developer agrees to have one <br />or more of its employees or consultants who are knowledgeable regarding this Agreement and <br />the development of the Project, such that such Person(s) can meaningfully respond to City staff <br />questions regarding the progress of the Project, attend meetings with City staff or meetings of <br />the City governing body, when requested to do so by City staff, with reasonable advance written <br />Notice to the Developer. <br />4.8 PREVAILING WAGES. <br />4.8.1 THE DEVELOPER AGREES WITH THE CITY THAT THE <br />DEVELOPER SHALL ASSUME ANY AND ALL RESPONSIBILITY AND BE SOLELY <br />RESPONSIBLE FOR DETERMINING WHETHER OR NOT LABORERS EMPLOYED <br />RELATIVE TO THE CONSTRUCTION OR INSTALLATION OF THE PROJECT MUST <br />17 <br />75A-22 <br />