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Codes (e.g. Building, Plumbing, Fire, Electrical, etc.) and under other applicable laws and <br />regulations shall be included by the Developer in its Design Development Drawings and other <br />required submittals and shall be completed during the construction of the Improvements. <br />302.5 Defects in Plans. The Agency and the City shall not be responsible either <br />to the Developer or to third parties in any way for any defects in the Design Development <br />Drawings, nor for any structural or other defects in any work done according to the approved <br />Design Development Drawings, nor for any delays reasonably caused by the review and <br />approval processes established by this Section 302. <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 own <br />expense, secure or cause to be secured any and all land use and other entitlements, permits and <br />approvals which may be required for the Improvements by the City or any other governmental <br />agency affected by such construction or work. The Developer shall, without limitation, apply for <br />and secure the following (as required), and pay all costs, charges and fees associated therewith: <br />a. reserved; <br />b. Zoning Amendment; <br />c. reserved; <br />d. Lot Line Adjustment; <br />e. All permits and fees required by the City, Orange County and other <br />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 by the <br />Agency or the City. <br />304. Schedule of Performance. The Developer shall submit all Design Development <br />Drawings, commence and complete all construction of the Improvements, and satisfy all other <br />obligations and conditions of this Agreement within the times established therefore in the <br />Schedule of Performance attached hereto and incorporated herein as Exhibit G. The Agency <br />shall perform all of its obligations hereunder within the times established therefore in the <br />Schedule of Performance. <br />305. Cost of Construction. Except to the extent otherwise expressly set forth in this <br />Agreement, all of the cost of acquisition of the Sites and the planning, designing, developing and <br />constructing all of the Improvements, preparation of the Sites and grading shall be borne solely <br />by the Developer. <br />600457905v2 3 ? 131 <br />