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(a) Developer has exercised all reasonable care to <br /> insure completion of the project, and <br /> (b) The delay in commencing construction or com- <br /> pletion of construction was not caused by an <br /> unreasonable act or failure to act on the part <br /> of the Developer. <br /> In the event of substantial noncompliance with the Development Plan <br /> as approved herein, written notice of such noncompliance shall be given to the <br /> Developer, and if not corrected within forty-five (45) days after the time <br /> reasonably required to complete such correction, unless the time for such <br /> correction be further extended, or upon failure of the Developer to commence <br /> construction or complete the same within the scheduled time limit set out above, <br /> and upon a finding by the City Manager that such failure is due to the fault of <br /> the Developer, the City Manager may declare the Developer in default. Such <br /> declaration shall promptly be reviewed by the City Council which, if it shall <br /> find substantial noncompliance by the Developer, shall have thereafter the power <br /> to cancel and terminate this contract in whole or in part. Developer at all <br /> times shall have the right to appeal to the Courts from any adverse decision so <br /> rendered. <br /> 5. Developer, its successors or assigns shall, in accordance with the <br /> Development Plan, maintain the building in the development area which it holds <br /> title to in as good a state of repair and attractiveness as is possible during <br /> construction. <br /> 6. Developer, its successors or assigns shall have complete and <br /> exclusive control over the construction of the project. Developer, its <br /> successors and assigns shall have exclusive control over the management and <br /> operation of the project, the fixing of rentals, and the selection or rejection <br /> of tenants or occupants of the building and property subject to the Conditional <br /> Use Permit, but will at all times make all facilities in the development area <br /> available to the general public without regard to race, religion, color or <br /> national origin, subject to the provisions of the ordinance of which this Agree- <br /> ment is a part or other ordinances existing at the time of this Agreement. The <br /> Developer, its successors and assigns admit the language, the intent and purposes <br /> regarding fair employment practices apply to the Development Plan and agree to be <br /> bound thereby and agree to comply therewith. <br /> 4 <br />