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being forced to vacate the Day Care Center if the Developer does not pass final <br />inspection in a timely manner. <br />3. Final Inspection. Developer agrees to take all actions necessary to pass <br />final inspection for the Engineering permit; including completion of the parking lot and <br />the Swale, no later than December 15, 2022, time being of the essence. Developer and <br />Tenant hereby grant the City the right to deny further occupancy of the Day Care Center <br />if timely progress is not made on the parking lot and the swale in accordance with the <br />Site Plan Approval. <br />4. No Assurance. Developer and Tenant recognize that the City's approval <br />of temporary occupancy of the Day Care Center prior to passing final inspection does not <br />provide any guaranty or assurance that the Developer will pass final inspection. <br />5. Entire Agreement. This Agreement embodies the entire agreement <br />between the parties hereto with respect to the subject matter hereof, and supersedes any <br />and all prior agreements and understandings, written or oral, formal or informal, between <br />the parties. Developer and Tenant agree to disclose the contents of this Agreement to any <br />and all of its successors in interest. <br />IN WITNESS WHEREOF, the parties have executed this agreement on dates <br />indicated below. <br />[signatures to follow] <br />