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May 25, 2010 -Execution Copy (b) Notwithstanding any provision of this Agreement or Title 5, Chapter 4 of the City Administrative Code, City and Developer expressly agree that there is no requirement that Developer initiate or complete development of the Project or any particular phase of the Project within any particular period of time, and City shall not impose such a requirement on any Project Approval. The parties acknowledge that Developer cannot at this time predict when or the rate at which or the order in which phases will be developed. Such decisions depend upon numerous factors which are not within the control of Developer, such as market orientation and demand, interest rates, competition and other similar factors. (c) In light of the foregoing and except as set forth in subsection (d) below, the parties agree that Developer shall be able to develop in accordance with Developer's own time schedule as such schedule may exist from time to time, and Developer shall determine which part of the Project Site to develop first, and at Developer's chosen schedule. In particular, and not in limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Ca1.3d 465 (1984), that the failure of the parties therein to consider and expressly provide for the timing of development resulted in alater-adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' desire to avoid that result by acknowledging that Developer shall have the right to develop the Project in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. (d) Nothing in this Agreement shall exempt Developer from completing work required by a subdivision agreement, road improvement agreement or similar agreement in accordance with the terms thereof. ARTICLE 7. AMENDMENT Section 7.01. Amendments to Project and Subsequent Ap rp ovals. To the extent permitted by state and federal law, any Project Approval or Subsequent Approval may, from time to time, be amended or modified in the manner set forth in the City Municipal Code. In particular, a Planned Development Project may be amended in accordance with City Municipal Code section 3-1026 which allows administrative approval of minor amendments in the discretion of the Zoning Enforcement Official. The City shall consider the use of any applicable administrative approval procedure available under the City Municipal Code in processing any applications for amendments or modifications of Project Approvals or Subsequent Approvals. (a) Administrative Project Amendments. To the extent permitted by City Law, upon the written request of Developer for an amendment or modification to a Project Approval or Subsequent Approval, the Community Development Director or his/her designee shall determine: (i) whether the requested Page 21 of 36 1424669.1 Kaiser Medical Center and Retail Project Development Agreement