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May 25, 2010 -Execution Copy "Periodic Review" shall have that meaning set forth in Section 10.03 of this Agreement. "Processing Fees and Charges" means administrative fees and charges imposed by the City for a development project, including, but not limited to, fees for land use applications, project permits, building applications, building permits, grading permits, encroachment permits, tract or parcel maps, lot line adjustments, street vacations, certificates of occupancy and other similar permits and fees and charges for staff time, including legal counsel fees, relating to work on a development project. Processing Fees and Charges shall not include Impact Fees. "Project" shall have that meaning set forth in Recital F of this Agreement. "Project Approvals" shall have that meaning set forth in Recital G of this Agreement. "Project Site" shall have that meaning set forth in Recital C of this Agreement. "Reserved Powers" means existing or future City laws, regulations, rules and policies which apply to the Project or Project Site and are not subject to the vested rights granted under this Agreement. The Reserved Powers include, but are not limited to, the power to enact and implement laws, rules, regulations, and policies after the Effective Date that may be in conflict with the Applicable Laws, which either (1) prevent or remedy conditions which the City has found to be injurious or detrimental to the public health or safety; (2) are Uniform Codes; (3) are necessary to comply with state and federal laws, rules and regulations (whether enacted previous or subsequent to the Effective Date) or to comply with a court order or judgment of a state or federal court; (4) are agreed to or consented to by Developer; (5) involve the formation of assessment districts, Mello-Roos Community Facilities Districts, special districts, maintenance districts or other similar districts formed in accordance with applicable laws provided, however, that Developer shall retain all its rights with respect to such districts pursuant to all applicable laws subject to Section 5.06 below; or (6) are Processing Fees and Charges, or City-wide fees or charges applicable to similarly situated properties or uses, provided that such City-wide fees or charges are not fees or charges imposed in violation of the express limitations set forth in this Agreement. "Retail Project" shall have that meaning set forth in Recital E of this Agreement. "Retail Project Site" shall have that meaning set forth in Recital E of this Agreement. "Solar Uses" shall mean solar photovoltaic uses on rooftops or above ground solar installations. "Subsequent Approvals" shall mean those certain other land use approvals, entitlements, and permits other than the Project Approvals which are necessary to implement the Project. The Subsequent Approvals may include, without limitation, the following: design review approvals, improvement agreements, use permits, grading Page 5 of 36 1424669.1 Kaiser Medical Center and Retail Project Development Agreement