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May 25, 2010 -Execution Copy such Subsequent Approval application. City shall ensure that adequate staff is available, and shall authorize overtime staff assistance as may be necessary, to timely process such Subsequent Approval application. Section 5.03. Review of Subsequent Approvals. City shall review an application for a Subsequent Approval for compliance with this Agreement, Applicable Law, the Project Approvals, and any other laws, rules, regulations or policies in effect at the time of approval which do not conflict with the vested rights granted under this Agreement (provided, however, that inconsistency with the Project Approvals shall not constitute grounds for denial of a Subsequent Approval which is requested by Developer as an amendment to that Project Approval pursuant to Section 7.01). City may approve an application for such a Subsequent Approval subject to any conditions necessary to bring the Subsequent Approval into compliance with this Agreement, Applicable Law, the Project Approvals, and any other laws, rules, regulations or policies in effect at the time of approval which do not conflict with the vested rights granted under this Agreement. If City denies any application for a Subsequent Approval, City must specify in writing the reasons for such denial as required by applicable law. Section 5.04. Specific Subsequent Approvals: Kaiser Buildout. City acknowledges that the Traffic Section of the EIR analyzed the potential Kaiser Buildout of an additional 200,000 square feet of Medical Office Buildings and a 120 bed hospital wing. Developer shall have the flexibility to vary the mix between hospital, medical office, retail and commercial use, provided that Developer does not exceed the vehicle trip cap established by the Traffic Section of the EIR for the Kaiser Buildout. In addition to the other general covenants concerning processing of Subsequent Approvals set forth in this Agreement, City shall, to the maximum extent permitted by law, use its best efforts to promptly commence and complete all steps (including noticing and public hearings) necessary to act on any Subsequent Approval application(s) related to Kaiser Buildout. Section 5.05. Other Government Permits. At Developer's sole discretion and in accordance with Developer's construction schedule, Developer shall apply for such other permits and approvals as may be required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Project. If Developer requests the City's assistance in obtaining these permits or approvals, City shall use reasonable efforts to attempt to cooperate with Developer's actions to obtain such permits and approvals; provided, that, nothing herein shall require the City to expend any funds on such efforts and Developer shall reimburse the City for any staff time or other costs relating to these efforts. Section 5.06. Assessment Districts or Other Funding Mechanisms. Page 14 of 36 1424669.1 Kaiser Medical Center and Retail Project Development Agreement