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cooperate and assist in the construction o£ said Improvements including, but not limited to, <br /> obtaining (by the City)/granting (by the Mills) any easements (including temporary construction <br /> easements) as may be necessary or appropriate for the construction of the Improvements. In the <br /> event that Mills exercises its right to construct the Improvements, the City will reimburse Mills for <br /> all costs and expenses incurred in connection with or related to the completion of the Improvements <br /> (such reimbursement obligation will not include in the absence of any negligence or mis[onduct by <br /> the City or County, any termination fees or premiums associated with accelerating the construction <br /> schedule to meet the scheduled completion dates for said' Improvements) and the City will make <br /> such reimbursement within 15- days after delivery of an invoice from Mills. <br /> <br /> (2) Kings Grant Boulevard Relocation. The City hereby consents to the <br />relocation of Kings Grant Boulevard as generally depicted on Exhibit 6 attached hereto and made <br />a part hereof ("Kings Grant"). Mills shall oversee the design, bidding, contracting and construction <br />of Kings Grant. Mills will assure that Kings Grant is built in accordance with the specifications for <br />road-way construction of the State of North Carolina. The City shall have the right to review and <br />approve all construction contracts (and material change orders) related to Kings Grant, which <br />approval shall not be unreasonably withheld, conditioned or delayed. Upon completion, the City <br />will accept Kings Grant for public maintenance. Prior to acceptance, Mills will assure that the <br />contractor for the road-work will be responsible for the maintenance of the road-work. The City <br />agrees to fund, pursuant to the letter amendment to the MOU, a copy of which is attached as <br />Exhibit 4-B hereto, $2,000,000.00 towards tl4e relocation and construction of the new Kings Grant. <br />To the extent not fully exhausted, the balance of the $2,000,000.00 may be used by Mills for <br />additional roadwork and/or infrastructure improvements (including but not limited to the <br />6 <br /> <br /> <br />