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May 25, 2010 -Execution Copy (e) Finality of Determination. Any decision of the Community Development Director which is not appealed and any decision of the City Council as to Developer's compliance shall be final. Any Court action or proceeding to attack, review, set aside, void or annul any final decision of the City under its Periodic Review shall be commenced within thirty (30) days of the final decision by the City Council. (f) Costs. Costs reasonably incurred by the City in connection with the Periodic Review and related hearings shall be paid by Developer in accordance with the City's schedule of fees and billing rates for staff time in effect at the time of review. (g) Effect on Assignees. If Developer has effected a transfer so that its interest in the Project Site has been divided between Assignee(s) in accordance with Article 8 above, then the Periodic Review hereunder shall be conducted separately with respect to each party, and the Community Development Director, and if appealed, the City Council shall make its determinations and take its actions separately with respect to each party. If the Community Development Director or City Council terminates, modifies or takes such other actions in connection with a determination that such party has not complied with the terms and conditions of this Agreement, such action by the Community Development Director, or the City Council shall be effective only as to the party to whom the determination is made and the portions of the Project Site in which such party has an interest. (h) The rights and powers of the City Council under this Section 10.03 are in addition to, and shall not limit, the rights of the City to terminate or take other action under this Agreement on account of the commission by Developer of an event of Default. Section 10.04. Reimbursement of Development Agreement Costs and Fees. Developer shall reimburse City for all of its reasonable and actual costs, fees and expenses incurred in drafting, reviewing, revising, processing and implementing this Agreement (including the conduct of the Periodic Review) and processing any future amendments, including, but not limited to, recording fees, ordinance publication fees, special notice or special meeting costs, staff time in preparing staff reports, and staff time, including legal counsel fees, for preparation and review of this Agreement and future amendments. Section 10.05. Default by City or Developer. In the event City or Developer defaults under the terms of this Agreement, City or Developer shall have all rights and remedies provided herein. Section 10.06. Enforced Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, neither party shall be deemed to be in default where delays in performance or failures to perform are due to, and a necessary outcome of, war, insurrection, strikes or other labor disturbances, Page 29 of 36 1424669.1 Kaiser Medical Center and Retail Project Development Agreement