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3. The City shall complete all category A improvements <br />identified in Exhibit B and shall exercise its best efforts to <br />complete all Category B improvements identified in Exhibit B. <br />BART shall have the right to review and approve all Caltrans' <br />geometric approval drawings for the said improvements prior to <br />the contracts for the improvements being advertised to ascertain <br />that they will accommodate a possible BART extension in the 1-580 <br />median. BART shall have thirty (30) days from the receipt of <br />said drawings to approve them. If no written approval is given <br />by BART within said thirty day period, BART shall be deemed to <br />have approved the same. <br /> <br /> 4. The City shall make its best efforts to negotiate a <br />change order with the contractor for the Hopyard stage 3 NPID No. <br />3 project being constructed and complete the improvements for <br />BART identified in Exhibit C, provided, however, that no such <br />change order shall be signed until BART approves it in writing. <br />By approving the change order, BART agrees to pay the City for <br />completion of the improvements in the amount specified in the <br />change order. BART will pay. said funds to City within 30 days <br />after receipt of an invoice in sufficient detail to identify the <br />improvement and the amount allocated to it. <br /> <br /> 5. BART and City shall work cooperatively to implement <br />additional 1-580 improvements for the possible BART extension <br />along the 1-580 median. Said additional improvements will be <br />constructed in conjunction with the current NPID No. 3 <br />improvements at BART expense without causing project completion <br />delays. These additional improvements are identified in Exhibit <br />D. The terms and conditions of implementing these improvements <br />will be the subject of other agreements. <br /> <br /> -3- <br /> <br /> <br />