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May 25, 2010 -Execution Copy <br />"Applicable Law" shall have that meaning set forth in Section 6.04 of this <br />Agreement. <br />"Assignment and Assumption Agreement" shall have that meaning set forth in <br />Section 8.02 of this Agreement. <br />"Buildout" or "Kaiser Buildout" shall have that meaning set forth in <br />Section 6.11(a)(i)(b) of this Agreement. <br />"City" shall have that meaning set forth in the Introductory Paragraph of this <br />Agreement. <br />"City Law" shall have that meaning set forth in Section 6.08 of this Agreement. <br />"Developer" shall have that meaning set forth in the Introductory Paragraph of <br />this Agreement. <br />"Development Agreement Statute" shall have that meaning set forth in Recital A <br />of this Agreement. <br />"Effective Date" shall have that meaning set forth in Section 2.01 of this <br />Agreement. <br />"Impact Fees" means impact fees, linkage fees, exactions, assessments or fair <br />share charges or other similar impact fees or charges imposed on and in connection with <br />new development by the City to address impacts of development pursuant to rules, <br />regulations, ordinances and policies of the City. Impact Fees do not include <br />(i) Processing Fees and Charges, or (ii) other City fees, charges or assessments not <br />imposed to address impacts of development. <br />"Kaiser Medical Center Project" shall have that meaning set forth in Recital D of <br />this Agreement. <br />"Kaiser Medical Center Project Site" shall have that meaning set forth in Recital <br />D of this Agreement. <br />"Medical Office Buildings" shall have that meaning set forth in Recital D of this <br />Agreement. <br />"Mitigation Monitoring and Reporting Program" shall have that meaning set forth <br />in Recital G(1) of this Agreement. <br />"Mortgagee" shall have that meaning set forth in Section 12.04 of this Agreement. <br />"Notice of Compliance" shall have that meaning set forth in Section 8.03 of this <br />Agreement. <br />Page 4 of 36 <br />1424669.1 Kaiser Medical Center anal Retail Project Development Agreement <br />