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private road-way, Mills will grant to the City apermanent non-exclusive access easement for ingress <br /> and egress in accordance with the MOU. <br /> <br /> (b) Ci_ty Obligations. The MOU provides that this Agreement shall show in reasonable <br /> detail the exact nature,, timing and method of performance of the "Obligations". <br /> <br /> (1) Construction of. Public Improvements. The City has agreed to provide <br />pursuant to the terms of the MOU certain Public Infrastructure Improvements as defined in Exhibit 5 <br />attached hereto and made a part hereof ("Improvements"). The City's obligation to construct the <br />Improvements shall become effective upon execution of this Agreement. The City agrees to <br />promptly commence and use its best efforts to diligently complete construction of the Improvements <br />on or before the dates set forth in Exhibit 5, TIME BEING OF THE ESSENCE. The City shall <br />endeavor in good faith and use its best efforts to cooperate and coordinate the construction of the <br />Improvements with Mills' construction schedule for the Project. The City agrees to supply Mills <br />with copies of all contracts to be entered into by the City with respect to the Improvements, ag well <br />as all change orders and requests therefor pursuant to such contracts prior to their approval by the <br />City, all of which shall be subject to Mills' approval, which approval shall not be unreasonably <br />withheld, conditioned or delayed. Upon the reasonable request of Mills and subject to applicable <br />legal requirements, the City agrees tb modify such contracts to address any substantive comments <br />or concerns raised by Mills with respect to such documents. In the event that any Improvements <br />required to be made by the City under this Agreement have not been completed on or before the <br />respective completion date set forth in ~xhibit 5 (or given the then current status of the construction <br />of said Improvements it appears unlikely in the reasonable discretion of Mills that said completion <br />date(s) can be achieved) Mills shall have the right, but is not obligated, to complete any or all of such <br />4 <br /> <br /> <br />