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10/1 /08 <br />302.4 Defects in Plans. The Agency and the City shall not be responsible <br />either to the Developer or to third parties in any way for any defects in the Design <br />Development Drawings, nor for any structural or other defects in any work done <br />according to the approved Design Development Drawings, nor for any delays reasonably <br />caused by the review and approval processes established by this Section 302, except for <br />such review and approval delays as are caused by events within the control of the <br />Agency. <br />303. Land Use Approvals. Before commencement of construction of the <br />Improvements or other works of improvement upon the Sites, the Developer shall, at its <br />own expense, secure or cause to be secured any and all land use and other entitlements, <br />permits and approvals which maybe required for the Improvements by the City or any <br />other governmental agency affected by such construction or work, except for those which <br />are the responsibility of the Agency as set forth herein. The Developer shall, without <br />limitation, apply for and secure the following (as applicable), and pay all costs, charges <br />and fees associated therewith: All permits and fees required by the City, County of <br />Orange, and other governmental agencies with jurisdiction over the Improvements. <br />However, the execution of this Agreement does not constitute the granting of or a <br />commitment to obtain any required land use permits, entitlements or approvals required <br />by the Agency or the City. <br />304. Schedule of Performance. The Developer shall commence and complete <br />all construction of the Improvements, and satisfy all other obligations and conditions of <br />this Agreement within the times established therefore in the Schedule of Performance, <br />attached hereto as Exhibit E and incorporated herein by reference. <br />305. Cost of Construction. Except to the extent otherwise expressly set forth <br />in this Agreement, all of the cost of planning, designing, developing and constructing all <br />of the Improvements, preparation of the Sites and grading shall be borne solely by the <br />Developer. <br />306. Insurance Requirements. The Developer shall take out and maintain or <br />shall cause its contractor and subcontractors to take out and maintain until the issuance of <br />the Release of Construction Covenants pursuant to Section 310 of this Agreement, a <br />comprehensive general liability policy in the amount of at least One Million Dollars <br />($1,000,000) combined single limit policy, and a comprehensive automobile liability <br />policy in the amount of One Million Dollars ($1,000,000), combined single limit, or such <br />other policy limits as the Agency may approve at its discretion, including contractual <br />liability, as shall protect the Developer, City and Agency from claims for such damages. <br />Such policy or policies be written on an occurrence form. The Developer shall also <br />furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that <br />Developer and any contractor/subcontractor with whom it has contracted for the <br />performance of work on the Sites or otherwise pursuant to this Agreement carries <br />workers' compensation insurance as required by law. The Developer shall furnish a <br />certificate of insurance countersigned by an authorized agent of the insurance carrier on a <br />16 <br />