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ARTICLE II
DEVELOPMENT OF PROPERTY
Section 2.1 Design of Project.
(a) In accordance with Section 2.3 be]ow, the design of the Project must be approved
by EDA. The Project will consist of the buildings, facilities and elements described in Developer's
Proposal, and Developer has presented substantially completed plans for the Project to EDA.
(b) A copy of Developer's design presentation to EDA from their meeting on February
6, 2026 is attached hereto as Exhibit H. The EDA's review in accordance with this Section 2.1
will be limited to confirming that the design is in substantial conformance with the previous plans
provided by Developer and as modified in accordance with this Agreement, and EDA concurring
with approvals provided by the City of Newport News, including its Department of Planning
("Department of Planning"). Developer may not proceed with construction of the Project until all
plans and permits for that portion of the Work (as defined in the Construction Contract) are
approved by the City, in addition to Regional Business District approval and Site Plan approval
by the Department of Planning with concurrence by EDA ("Design Approval"). In accordance
with Section 2.3 below, and in order to enforce this Section 2.1, EDA shall be entitled to seek
injunctive relief without necessarily showing monetary or special damages and without posting
bond or security for a bond for the award of a permanent injunction. Notwithstanding the
foregoing, Developer shall have the right to make changes in the design and construction of the
Project to the extent required to meet applicable codes, rules, regulations, statutes and ordinances,
and the design requirements of the Government. Developer must also obtain all other approvals
for the Project required by the Newport News City Code and other applicable laws and regulations.
The Project shall be consistent with the regulations and requirements of the City Code, the
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