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] 0/I /08 <br />the Sites or the Improvements for the period prior to the issuance of the Release of the <br />Construction Covenants. <br />309.2 Reserved. <br />309.3 Liens and Stop Notices. The Developer shall not allow to be <br />placed on the Sites or any part thereof any lien or stop notice. If a claim of a lien or stop <br />notice is given or recorded affecting the Improvements the Developer shall within sixty <br />(60) days of such recording or service or within ten (10) days of the Agency's demand <br />whichever last occurs: <br />a. pay and discharge the same; or <br />b. affect the release thereof by recording and delivering to the <br />Agency a surety bond in sufficient form and amount, or otherwise; <br />or <br />provide the Agency with other assurance which the Agency deems, <br />in its sole discretion, to be satisfactory for the payment of such lien <br />or bonded stop notice and for the full and continuous protection of <br />Agency from the effect of such lien or bonded stop notice. <br />310. Release of Construction Covenants. Promptly after completion of the <br />Improvements or any portion thereof in conformity with this Agreement, the Agency <br />shall furnish the Developer with a "Release of Construction Covenants," substantially in <br />the form of Exhibit D hereto which is incorporated herein by reference. The Agency <br />shall not unreasonably withhold such Release of Construction Covenants. The Release of <br />Construction Covenants shall be a conclusive determination of satisfactory completion of <br />the applicable portion of the Improvements and the Release of Construction Covenants <br />shall so state. Any party then owning or thereafter purchasing, leasing, or otherwise <br />acquiring any interest in the Sites shall not (because of such ownership, purchase, lease or <br />acquisition) incur any obligation or liability under this Agreement except for those <br />continuing covenants as set forth in Section 406 of this Agreement. <br />If the Agency refuses or fails to furnish the Release of Construction <br />Covenants, after written request from the Developer, the Agency shall, within thirty (30) <br />days of written request therefore, provide the Developer with a written statement of the <br />reasons the Agency refused or failed to furnish the Release of Construction Covenants. <br />The statement shall also contain the Agency's opinion of the actions the Developer must <br />take to obtain the Release of Construction Covenants. The Release of Construction <br />Covenants shall not constitute evidence of compliance with or satisfaction of any <br />obligation of the Developer to any holder of any mortgage, or any insurer of a mortgage <br />securing money loaned to finance the Improvements, or any part thereof. The Release of <br />Construction Covenants is not a notice of completion as referred to in Section 3093 of the <br />California Civil Code. <br />18 <br />