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ARTICLE 5 <br />CONSTRUCTION BY TENANT <br />Section 5.01. Duty to Construct <br />Tenant shall, in collaboration with Landlord, construct or cause to be constructed on the Premises, a <br />Community Center in the manner and according to the terms and conditions specified in this Article. <br />Section 5.02. Requirement of Landlord's Written Annroval <br />No structure or other improvement of any kind shall be constructed on the Premises unless and until <br />the plans, specifications, and proposed location of that structure or improvement have been approved in <br />writing by Landlord. Furthermore, no structure or other improvement shall be constructed on the Premises that <br />does not comply with plans, specifications, and locations approved in writing by Landlord. <br />Section 5.03. RESERVED <br />Section 5.04. RESERVED <br />Section 5.05. RESERVED <br />Section 5.06. RESERVED <br />Section 5.07. RESERVED <br />Section 5.08. RESERVED <br />Section 5.09. Time for Completion <br />Tenant, together with Landlord, shall cause construction of the Community Center to be commenced in <br />accordance with the schedule for completion, provided by the program manager, and shall cause construction <br />of the Community Center to be diligently pursued without unnecessary interruption, and shall cause the <br />Community Center to be completed and ready for occupancy not later than three years after commencement of <br />its construction. The time ofperformance by either party hereunder shall be extended where delays are due to <br />war; insurrection; strikes; lockouts; labor disputes; riots; floods; earthquakes; fires; casualties; acts of God; acts of <br />the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental <br />restrictions or priority; litigation including, but not limited to, litigation challenging the validity of this transaction <br />or any element thereof (except condemnation); severe weather; inability to secure necessary labor, materials or <br />tools; delays of any contractor, subcontractor, or supplies; acts of the other party; acts or failure to act of the City <br />or any other public or governmental agency or entity (other than acts or failure to act of the City shall not excuse <br />performance by the City); or any other cause beyond the control, or without the fault of the party claiming an <br />extension of time to perform; provided that notice by the party claiming such extension is sent to the other party <br />within thirty (30) days of the commencement of the cause. Any such extension shall be for the duration of the <br />cause of the delay. <br />Section 5.10. RESERVED <br />Section 5.11. RESERVED <br />25R-9 <br />