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ARTICLE II <br />HOA OBLIGATIONS <br />Section 2.1 HOA Deliverables. The HOA shall, within the time period provided for <br />such delivery in the Action Schedule, deliver all of the HOA Deliverables to the Agency. The <br />HOA's delivery of all of the HOA Deliverables to the Agency is an express condition precedent <br />to the obligations of the Agency under this Agreement. <br />Section 2.2 HOA Construction and Installation of Electric Improvements. <br />(a) Installation. The HOA shall, for the express benefit of both the HOA and <br />the Agency, cause the construction and installation of the Electric Improvements to be <br />commenced and completed within the time period provided for such actions in the Action <br />Schedule. The HOA shall construct and install the Electric Improvements at the HOA's sole cost <br />and expense, subject to the Agency's obligation to pay the Agency Contribution towards the <br />costs of constructing and installing the Electric Improvements, as specifically described in <br />Section 3.1. The HOA shall have the sole responsibility for all planning, design, engineering, <br />construction and installation relating to the Electric Improvements and contracting with <br />appropriate contractor(s), engineers and other professionals reasonably required to undertake and <br />complete the planning, design, engineering, construction and installation of the Electric <br />Improvements. Any reliance by the HOA, its contractors or professionals on existing planning, <br />design, or engineering plans or specifications shall be in the sole discretion and determination of <br />the HOA, its contractors and professionals and at the HOA's risk. <br />(b) Electric Contractor. The HOA proposes using Walter W. Lane, dba <br />Subsurface Electric (LIC. NO. 294340) and Walter W. Lane, dba Subsurface Electric, Inc. (LIC. <br />NO. 491957) (collectively, "Electric Contractor"), as its contractor for the electric infrastructure <br />portion of the Electric Improvements and the Agency hereby approves such contractor for the <br />work of construction and installation of the electric infrastructure portion of the Electric <br />Improvements under this Agreement. <br />(c) Asphalt Contractor. The HOA proposes using National Paving Company, <br />Inc. (LIC. NO. 583376) ("Asphalt Contractor"), as its contractor for the street surfacing portion <br />of the Electric Improvements and the Agency hereby approves such contractor for the work of <br />construction and installation of the street surfacing portion of the Electric Improvements under <br />this Agreement. <br />(d) Contract. The HOA shall deliver a legible copy of each contract between <br />the HOA and its contractor(s) for construction and installation of the Electric Improvements to <br />the Agency, prior to commencement of any work of construction or installation of the Electric <br />Improvements. <br />Section 2.3 HOA to Obtain all Approvals for the Electric Improvements. <br />(a) Applications. The HOA shall, as required to commence construction and <br />installation of the Electric Improvements within the time period provided for such actions in the <br />Action Schedule, prepare and submit any required application, document, fee, charge or other <br />7 <br />SDPUB\D W ILLIAMS\345783.8 <br />