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The Schedule of Performance is subject to revision from time to time as mutually agreed upon in <br />writing between Developer and the City Manager or his/her designee ("City Manager"), and City <br />Manager is authorized on behalf of City to agree to make such revisions as he deems reasonably <br />necessary. The City Manager, in his/her sole discretion, may elect to bring to the City Council for <br />consideration and action any modifications to this Schedule of Performance. It is understood that the <br />Schedule of Perfolmance is subject to all of the telms and conditions set forth in the text of the <br />Agreement. The summary of the items of perfolmance in the Schedule of Performance is not <br />intended to supersede or modify the more complete description in the text of the Agreement; in the <br />event of any inconsistency between the Schedule of Performance and the text of the Agreement, the <br />text shall govern. In the event the City Manager deems it necessary to bring to City Council for <br />consideration one or more modifications to this Schedule of Performance, the discretion to do so is <br />expressly reserved to the City Manager. The time periods set foI lh herein for City approval of plans <br />and drawings and other submittals that are submitted to City by Developer shall only apply and <br />commence upon Developer's complete submittal of all the required information. In no event shall an <br />incomplete submittal by Developer trigger any City obligations of review and/or approval hereunder; <br />provided, however, that City shall notify Developer of an incomplete submittal as soon as is <br />practicable and in no event later than the applicable time set forth for City action on the particular <br />item in question. If any of the foregoing performance measurements are not met then it will be <br />deemed a default as defined in Section 20 and any remedies shall be cured according to said Section <br />of the Agreement. <br />55A-112 <br />