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May 25, 2010 -Execution Copy (a) In accordance with state and federal law, a state of the art emergency room available to anyone needing emergency care, regardless of ability to pay; (b) A seismically compliant and state of the art Medical Center for Kaiser Permanente members in the City and the surrounding communities; (c) Opportunities to provide health coverage for children in need in the City, such as the Kaiser Child Health Plan which currently covers children in the City and elsewhere or other subsidized health care programs; (d) A source of grant funding to non-profit community organizations in the City based on locally assessed health care priorities; (e) Conference rooms which can be made available for use by the City's community organizations during evening and weekend hours; (f) Opportunities for health education classes; (g) Opportunities for internship programs; (h) Opportunities for summer youth programs; and (i) Opportunities for support and sponsorship of community events based on Developer's Community Giving policies. The Retail Project, once it receives project level approval by the City, will also provide a range of other amenities to the general public, including shopping, restaurants and other uses, and be a source of tax revenue for the City. ARTICLE 4. OBLIGATIONS OF CITY Section 4.01. Obligations of City Generally. The parties acknowledge and agree that Developer's agreement to perform and abide by its covenants and obligations set forth in this Agreement, including Developer's decision to build the Project in the City, is a material consideration for City's agreement to perform and abide by the covenants and obligations of City, as set forth herein. Section 4.02. Vested Rights. This Agreement vests entitlements for the Kaiser Buildout including, without limitation: (1) all fees and exactions through Kaiser Buildout subject to the provisions of Section 6.05, (2) no newly adopted fees or exactions will apply to the Project for the term of this Agreement subject to the provisions of Section 6.05, (3) exemption from any development moratorium unless the moratoria is required solely to protect the public health and safety subject to the provisions of Section 6.06(e), (4) phasing flexibility subject to the provisions of Section 6.11, (5) use of modular or temporary buildings for construction or temporary medical uses prior to completion of permanent structures on the Project Site, subject to standard site plan review, and (6) Pagel 1 of 36 1424669.1 Kaiser Medical Center and Retail Project Development Agreement