Development of the Facility. (a) Subject to the limitations set forth in the Facility Agreements, the City will use it best efforts to develop, acquire, construct, finance and operate the Facility at the lowest possible cost consistent with other objectives. The City will use its best efforts to meet the milestone schedule set forth in the Power Purchase Agreement. (b) The City may, in its sole discretion, determine that (i) key approvals or permits for the Facility cannot be obtained on a timely basis or that the City cannot otherwise meet its obligations hereunder or under the Power Purchase Agreement, or (ii) proceeding with the development, acquisition and construction of the Facility will result in unacceptable risk to the City. In such case if the City decides not to develop the Facility, then the City shall exercise its option to terminate the Power Purchase Agreement pursuant to Section 4.02(a) thereof.
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