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Improvements remaining to be completed after having given the City written notice and at least 15- <br />days to cure the City's failure to perform. If Mills exercises such right to complete the City's <br />Obligations as aforesaid, the City shall use its best efforts to cooperate and assist Mills in connection <br />with such completion of such Improvements (which may include, but not be limited to, terminating <br />existing City contracts, paying termination fees, paying any premiums/over-time associated with <br />accelerating the construction schedule to meet the scheduled completion dates for said <br />Improvements). In the event that Mills exercises such right as aforesaid, the City will reimburse <br />Mills for all costs and expenses incurred in connection with or related to the completion of the <br />Improvements. The City will make such reimbursement within 15-days after delivery of an invoice <br />from Mills. <br /> <br /> Notwithstanding anything to the contrary contained in this Agreement, upon the request of <br />Mills, the City agrees to permit Mills to contract for and manage the process of constructing the <br />Improvements. In the event that Mills makes such an election, Mills agrees to cause the <br />Improvements to be constructed and inspected in accordance with plans and specifications approved <br />by the City, which approval shall not be unreasonably withheld, conditioned or delayed. In the event <br />that Mills takes responsibility for the construction of the Improvements, the City will be relieved of <br />its responsibility (except to the extent of its negligence or misconduct) to meet the completion dates <br />set forth in Exhibit 5. The City shall have the right to review and approve all construction contracts <br />(and material change orders) related to the Improvements, which approval shall not be unreasonably <br />withheld, conditioned or delayed. Upon completion of the Improvements, ownership of the <br />Improvements (including, but not limited to, water and sewer mains), shall be conveyed to the City <br />for operation and public maintenance. The Mills and the City agree to use their best efforts to <br />5 <br /> <br />3 <br /> <br /> <br />