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<br />22 <br /> <br />a change order shall not be required unless the approval of the Senior Lender is required <br />with respect to such change order. All change orders: <br /> <br />(a) Shall be in writing, numbered in sequence, signed by <br />Developer and submitted to Agency prior to the proposed effective date thereof and <br />accompanied by any working drawings and a written narrative of the proposed change; <br />and, <br /> <br />(b) Shall be subject to the City Project Manager’s prior written <br />approval. <br /> <br />10.4 Entry and Inspection. At all times prior to completion of the <br />construction, during regular business hours and subject to reasonable job site safety rules, <br />Agency and its agents shall have (a) the right of free access to the Property and all sites <br />away from the Property where materials for the construction are stored, (b) the right to <br />inspect all labor performed and materials furnished for the construction, and (c) the right <br />to inspect and copy all documents pertaining to the construction. <br /> <br />10.5 [RESERVED] <br /> <br />10.6 Construction Information. From time to time during the course of the <br />construction, within ten (10) Business Days following Agency’s written demand <br />therefore, Developer shall furnish requested reports of project costs, progress schedules <br />and contractors’ costs breakdowns for the construction, itemized as to trade description <br />and item, showing the name of the contractor(s) and/or subcontractor(s), and including <br />such indirect costs as real estate taxes, legal and accounting fees, insurance, architects’ <br />and engineers’ fees, loan fees, interest during construction and contractors’ overhead. <br /> <br />10.7 Protection against Liens. Developer shall diligently file a valid Notice of <br />Completion upon completion of the construction, diligently file a notice of cessation in <br />the event of a cessation of labor on the construction for a period of thirty (30) calendar <br />days or more, and take all actions reasonably required to prevent the assertion of claims <br />of lien against the Property. In the event that any claim of lien is asserted against the <br />property or any stop notice or claim is asserted against the Agency by any person <br />furnishing labor or materials to the Property, Developer shall immediately give written <br />notice of the same to Agency and shall, promptly and in any event within ten (10) <br />Business Days after written demand therefor, (a) pay and discharge the same, (b) effect <br />the release thereof by delivering to Agency a surety bond complying with the <br />requirement of applicable laws for such release, or (c) take such other action as Agency <br />may require to release Agency from any obligation or liability with respect to such stop <br />notice or claim. <br /> <br />11. COVENANTS <br /> <br />11.1 Even though the Agency is providing funds authorized by the CRL, the <br />Agency will utilize federal regulations and requirements referenced below for certain <br />EXHIBIT 3 <br />3-32