VARIANCES OR REZONING OF SUCH PORTION OF THE LAND AS ARE NECESSARY OR
APPROPRIATE TO CAUSE THE PROJECT TO BE IN COMPLIANCE WITH APPLICABLE CODES,
LAWS, REGULATIONS AND ORDINANCES. SUCH SERVICES SHALL BE PERFORMED AT OWNER'S
COST. DEVELOPER SHALL COORDINATE AND ESTABLISH AGREEMENTS WITH ALL NECESSARY
GOVERNMENT AGENCIES AND UTILITIES.
(J)
PERFORM SUCH OTHER ADDITIONAL DEVELOPMENT MANAGEMENT FUNCTIONS AS
ARE COMMERCIALLY APPROPRIATE TO COMPLETE THE ORDERLY AND PROPER CONSTRUCTION OF
THE PROJECT IN ACCORDANCE WITH THE PLAN AND BUDGET AND THE PROJECT SCHEDULE.
(K)
ARRANGE FOR, NEGOTIATE AND DELIVER ALL CONSTRUCTION CONTRACTS AND
ANY THIRD PARTY CONSTRUCTION CONTRACTS FOR TENANT IMPROVEMENTS AS TENANT LEASES
ARE NEGOTIATED BY OWNER OR OWNER'S AGENT.
ALL CONTRACTS MAY BE EXECUTED ON
BEHALF OF OWNER OR BY DEVELOPER SO LONG AS UPON COMPLETION OF DEVELOPER'S
OBLIGATIONS HEREUNDER, THE CONTRACTS ARE ASSIGNED TO OWNER BY DEVELOPER.
DEVELOPER SHALL HAVE NO RIGHT TO PLEDGE OR HYPOTHECATE THESE CONTRACTS.
THE
DEVELOPER SHALL MAKE CERTAIN THAT THE GENERAL CONTRACTOR AND ALL OF ITS
SUBCONTRACTORS, LABORERS AND AGENTS ARE INSURED BY A REPUTABLE INSURANCE COMPANY
FOR ACTS AND OCCURRENCES RELATING TO THE DEVELOPMENT AND CONSTRUCTION OF THE
PROJECT AND THAT THE OWNER IS A NAMED BENEFICIARY OF THE APPLICABLE
"OCCURRENCE-BASED" INSURANCE POLICY.
(L)
MAINTAIN CURRENT AND ACCURATE RECORDS AND REPORTS WITH REGARD TO
THE FINANCING, DEVELOPMENT AND PROGRESS OF THE PROJECT.
SUCH RECORDS SHALL BE
MAINTAINED AT
6
THE DEVELOPER'S PRINCIPAL PLACE OF BUSINESS AND SHALL BE MADE AVAILABLE TO THE
OWNER AT ANY REASONABLE TIME, DURING NORMAL BUSINESS HOURS, FOR REVIEW AND
INSPECTION BY THE OWNER.
OWNER SHALL HAVE THE RIGHT AT ITS SOLE COST AND
EXPENSE TO MAKE COPIES OF ANY BOOKS AND RECORDS APPLICABLE TO THE DEVELOPMENT OF
THE PROJECT FOR OWNER'S USE AND REVIEW.
(M)
USE COMMERCIALLY REASONABLE EFFORTS TO CAUSE THE GENERAL CONTRACTOR
TO COMPLY WITH ALL GOVERNMENTAL REQUIREMENTS (AS HEREINAFTER DEFINED) RELATING
TO THE IMPROVEMENTS AND THE PROJECT INCLUDING, BUT NOT LIMITED TO, ALL
APPLICABLE ENVIRONMENTAL LAWS INCLUDING THE RESOURCE CONSERVATION AND RECOVERY
ACT AND THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT.
AS USED HEREIN, "GOVERNMENTAL REQUIREMENTS" MEANS FINAL LAND DEVELOPMENT
APPROVAL AND ALL OTHER PERMITS AND APPROVALS REQUIRED TO COMMENCE AND COMPLETE
CONSTRUCTION OF THE PROJECT IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND
ALL APPLICABLE STATUTES, ORDINANCES, REGULATIONS, ORDERS, RULES, DIRECTIVES OR
CONTRACTS OF ANY FEDERAL, STATE, MUNICIPAL OR OTHER GOVERNMENTAL OR
QUASI-GOVERNMENTAL BOARD, AGENCY, AUTHORITY OR BODY, INCLUDING THE PREPARATION
AND SUBMISSION OF ALL NECESSARY DRAWINGS, DOCUMENTS, INFORMATION AND COMMENTS.
(N)
REVIEW THE GENERAL CONTRACTORS' NOTICE OF SUBSTANTIAL COMPLETION,
THE PUNCHLIST INITIALLY PREPARE BY THE GENERAL CONTRACTOR AND THE PUNCHLIST AS
REVISED BY THE ARCHITECT.
DEVELOPER SHALL INSPECT THE WORK TO DETERMINE WHETHER
SUBSTANTIAL COMPLETION HAS BEEN ACHIEVED AND TO VERIFY THE ACCURACY OF THE
PUNCHLIST.
DEVELOPER SHALL REFUSE TO ACCEPT THE WORK AS SUBSTANTIALLY COMPLETE
IF DEVELOPER OR ARCHITECT DETERMINES THAT THE WORK HAS NOT BEEN SUBSTANTIALLY
COMPLETED.
IF DEVELOPER OR ARCHITECT AGREES THAT THE WORK IS SUBSTANTIALLY
COMPLETE, DEVELOPER WILL COORDINATE THE PREPARATION BY ARCHITECT OF A