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May 25, 2010 -Execution Copy amendment or modification is minor when considered in light of the Project as a whole; and (ii) whether the requested amendment or modification is consistent with this Agreement and Applicable Law. If the Community Development Director or his/her designee finds that the proposed amendment or modification is minor, consistent with this Agreement and Applicable Law, and no further environmental review other than the EIR is required under CEQA ,the amendment shall be determined to be an "Administrative Project Amendment" and the Community Development Director or his designee may, except to the extent otherwise required by law, approve the Administrative Project Amendment without notice and public hearing. Without limiting the generality of the foregoing, lot line adjustments, reductions in the density, intensity, scale or scope of the Project, minor alterations in vehicle circulation patterns or vehicle access points, changes in trail alignments, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location of structures that do not substantially alter the design concepts of the Project, variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Project Site diagram or Project Site legal description shall be treated as Administrative Project Amendments to the extent permitted under City law. (b) Non-Administrative Project Amendments. Any request of Developer for an amendment or modification to a Project Approval or Subsequent Approval which is determined not to be an Administrative Project Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Law and this Agreement. (c) No Amendment to Agreement. Neither a Subsequent Approval nor an amendment to Subsequent Approval shall require an amendment to this Agreement; provided, however, that such Subsequent Approval or amendment to Subsequent Approval is consistent with the Project Approvals. Any such matter automatically shall be incorporated into the Project and vested under this Agreement. In addition, any further environmental review under CEQA for the Subsequent Approvals shall not require an amendment to this Agreement. Section 7.02. Amendment of This Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the parties hereto or their successors in interest, and in accordance with State law, City Law and this Agreement. (a) Substantive Amendments. Any Substantive Amendments to the development plan under the Project Approvals shall require approval of an amendment to this Agreement in accordance with State law and the City law. Substantive Amendments are defined to include changes that Page 22 of 36 1424669.1 Kaiser Medical Center and Retail Project Development Agreement