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99 106375 Construction Documents, provided Tenant has given prior written approval of the amount of said architect's and engineer's fees (but excluding Project Architect's fees approved pursuant to Section 4.3 and reimbursed pursuant to Sections 9.3 and 9.4 of this Development Agreement), all as allowed under Category I on Exhibit "D," but shall not include the expense of interest during construction or other overhead or any interest or other penalty charged by the Site Contractor for delinquent payments under its contract with Landlord. In no event shall Tenant be responsible for the payment of (i) any fees or costs for work not included in the Phase 1 Site Work, (ii) any fees or costs for work associated with any change order issued pursuant to the Phase 1 Site Contract without its prior written approval of both the change order and the allocation among the parties of the cost thereof, or (iii) any fees or costs for work performed prior to the date of this Development Agreement, unless expressly mentioned on Exhibit "D," attached hereto. Tenant's proportionate share of the Phase 1 Site Work costs (exclusive of the Center Pylon Costs, which shall be handled in accordance with Section 4.3 of the Declaration, but including Tenant's share of the cost of design, construction, and completion of Allen Drive) shall be determined in accordance with Exhibit "D." Landlord shall pay all other Site Work costs (exclusive of the Center Pylon Sign Costs, which shall be borne in accordance with Section 4.3 of the Declaration) attributable to all other Parcels in the Shopping Center. 9.2 Following approval by the Project Architect and Tenant's Division Construction Manager, Landlord shall submit all monthly pay requests for the Phase 1 Site Work to Tenant's Vice President, Architecture who will process each request upon the percentage of completion of the improvements constituting the Phase 1 Site Work. All requests for payment shall include an Application and Certificate for Payment (AIA Document G702) executed by the Site Contractor, Project Architect and Tenant's Division Construction Manager showing the percentages and value of work completed during the payment period and stating that all portions of the Phase 1 Site Work for which payment is requested have been completed in accordance with the Phase 1 Construction Documents and that all labor, materials and other items for which payment is requested have been paid in full with the exception of labor and materials supplied subsequent to the period covered by the last Application and Certificate for Payment. Final payment (including payment of the ten percent [10%] retainage) shall not be due and payable except upon receipt of a properly executed Certificate of Substantial Completion (AIA Document 704) or equivalent approved by Tenant's Vice President, Architecture , together with copies of as-built surveys and final releases of all mechanics'and materialmen's liens, filing of a Notice of Completion (if applicable), acceptance of the Phase 1 Site Work by the appropriate governmental authorities and compliance by the Site Contractor with all requirements for final payment set forth in the Construction Documents. Each Application and Certificate for Payment shall include copies of all invoices, statements, contracts, subcontracts and change orders related 11