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200510142 constructed on the Property, including location of mechanical equipment; (ii) building architectural drawings, including exterior elevations with colors and materials; (iii) a landscape plan; (iv) a signage plan; (v) a grading plan; and (vi) a fence plan indicating any restricted access during construction. (c) Acceptance bv Grantor. Grantee shall submit its Site Plan to Grantor prior to or simultaneously with Grantee's submittal of the Site Plan to the City of Grand Island, Nebraska ("City") for City approval, and Grantee shall not commence any construction of Improvements, until such time as Grantee has received Grantor's full written acceptance of the Site Plan, which acceptance shall not be unreasonably withheld or delayed. Grantor shall respond to a request for approval within ten (10) days of receipt of the Site Plan. Any rejection shall be accompanied by explanation of changes that, if made, would make the Site Plan acceptable. If Grantor shall fail to so notify Grantee within ten (10) days after receipt of the Site Plan, Grantor shall be deemed to have accepted the Site Plan. Grantee agrees not to materially amend or make any substantial changes to any Site Plan which has been previously accepted by Grantor without obtaining Grantor's prior written acceptance thereto, which acceptance shall not be unreasonably withheld or delayed. Any Site Plan accepted by Grantor prior to the date of this Deed shall be deemed accepted by Grantor for the purposes of this Section. Notwithstanding the foregoing, however, if Grantee shall fail to submit any materials or information required hereby to be submitted by Grantee as a part of the Site Plan, nothing herein shall, and the acceptance by Grantor of any portion of the Site Plan shall not, constitute a waiver by Grantor of its right to review and accept such materials or information which Grantee so failed to submit. 1.4 Construction of the Improvements. Grantee agrees (a) to Commence Construction, as defined below, of the Improvements on the Property on or before June 15,2008 ("Commencement Deadline"); (b) to proceed therewith diligently and in a good and workmanlike manner until completion; and (c) to Complete, as defined below, the Improvements in accordance with all governmental requirements and with the Site Plan, to obtain a Certificate of Occupancy from the City for the Improvements and open for business on the Property for at least one (1) day with a fully staffed and stocked Hy-Vee store, consistent with other Hy-Vee stores in comparable markets, all no later than June 15, 2009 ("Completion Deadline"). 1.5 Commencement of Construction; Completion. Grantee shall be deemed to have "Commenced Construction" of the Improvements at such time as the footings and foundations for the grocery store have been completed in accordance with the Site Plan accepted by Grantor. The Improvements shall be deemed "Complete" at such time as the Improvements have been substantially completed in accordance with the Site Plan accepted by Grantor and with applicable rules, regulations and requirements of governmental authorities having jurisdiction, a valid final Certificate of Occupancy has been issued by the City for the Improvements, and all construction equipment and materials have been removed from the Property. 1.6 Repurchase Option. In the event that the "Repurchase Event," as hereinafter defined, occurs, Grantor shall have the right to repurchase the Property from Grantee upon the terms and conditions as hereinafter set forth (the "Repurchase Option"). {31858.2.IOIl0/2005 10:00 AMRFlSCHER.A0208687.DOC;4} 3