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Additionally, in order to facilitate the construction of the Project utilizing the project delivery <br />method implemented by the Developer, the Developer shall have the right, during construction to transfer <br />fee title to the Development Site a reputable contractor selected by the Developer and approved by the <br />Developer's lender. Under such arrangement, the Developer will be permitted to and assign this <br />Agreement to its contractor for the period of the construction under a so called build -transfer agreement, <br />pursuant to which the Project will be constructed in accordance with the requirements set forth in this <br />Agreement and the Development Agreement, then re -conveyed to the Developer. During the period of <br />construction, the Developer's obligations hereunder may be performed by such contractor, and such <br />compliance will be deemed compliance by the Developer. Notwithstanding any such temporary <br />assignment to the Developer's contractor as described in this grammatical paragraph, Developer shall <br />remain liable during such period of construction for the Developer's obligations hereunder. <br />[Balance of Page Intentionally Left Blank] <br />15836951v9 <br />