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May 25, 2010 -Execution Copy exemption from any future HOV Lane Project costs in exchange for the Medical-Retail Contribution in accordance with Section 3.03. Section 4.03. Changes in Fees. The City and Developer agree to the provisions on fees applicable to the Project set forth in Section 6.05. Section 4.04. Developer's Right to Rebuild. City agrees that Developer may renovate or rebuild the Project within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, or should the buildings located within the Project become functionally outdated, within Developer's sole discretion, due to changes in technology. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA. Section 4.05. Availability of Public Services. To the maximum extent permitted by law. and consistent with its authority, City shall assist Developer in reserving such capacity for sewer and water services as may be necessary to serve the Kaiser Medical Center Project. Section 4.06. Partial Reimbursement of Infrastructure Improvements. To the extent Developer's costs for dedications and infrastructure for public improvements exceed Developer's fair share obligation for such dedications and infrastructure based on the impacts of the Project, the Developer has not otherwise agreed to pay said costs as part of this Agreement, the Project Approvals or Subsequent Approvals, and said costs are subject to the provisions of California Government Code Section 66000 et seq., and to the extent that such dedications and infrastructure is required to address the impacts of future development projects, City shall use its best efforts, consistent with applicable law and procedures, to seek reimbursement from said future development projects to Developer, through City, of that portion of the costs incurred by Developer for such dedications and infrastructure which exceeds Developer's fair share obligation, based on the fair share contribution of the future development project calculated by said project's impacts. Section 4.07. Processing of the Medical Center Project. City agrees to make best efforts to complete its environmental review of the Kaiser Medical Center Project and either approve or disapprove the Kaiser Medical Center Project by May 31, 2010. City agrees to grant priority to the processing of the Kaiser Medical Center Project Approvals. City will continue to maintain a development team with one identified team leader empowered to coordinate City's various departments in their interaction with the Developer's development team. Developer desires that the City and its staff understand the importance of the Developer's Project schedule and the need for the efficient prioritization and allocation of staff time and resources and cooperation and coordination with Alameda County Congestion Management Agency Page 12 of 36 1424669.1 Kaiser Medical Center and Retail Project Development Agreement