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May 25, 2010 -Execution Copy permits, building permits, lot line adjustments, sewer and water connection permits, certificates of occupancy, subdivision maps, permits, resubdivisions, and any amendments to, or repealing of, any of the foregoing. "Term" shall have that meaning set forth in Section 2.02 of this Agreement. ARTICLE 2. EFFECTIVE DATE AND TERM Section 2.01. Effective Date. This Agreement shall become effective upon the date the ordinance approving this Agreement becomes effective (the "Effective Date"). Section 2.02. Term. The term of this Agreement (the "Term") shall commence upon the Effective Date and continue for a period of fifteen (15) years for the Retail Project and twenty-five (25) years for Kaiser Buildout. Section 2.03. Extension of Term Due to Litigation. In the event that litigation is filed by a third party (defined to exclude City and Developer, their respective successors and assigns, or any assignee or transferee of Developer) which seeks to invalidate this Agreement or any of the Project Approvals or Subsequent Approvals, the term of this Agreement shall be extended for a period equal to the length of time from the time a summons and complaint and/or petition are served on the defendant(s)/respondent(s) until the resolution of the matter is final and not subject to appeal; provided, however, that the total amount of time for which the term shall be extended as a result of any and all litigation shall not exceed three years. ARTICLE 3. OBLIGATIONS OF DEVELOPER Section 3.01. Obligations of Developer Generally. The parties acknowledge and agree that the City's agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer's agreement to perform and abide by its covenants and obligations, as set forth herein. The parties acknowledge that Developer's obligations set forth in this Agreement are in addition to Developer's agreement to perform all the mitigation measures identified in the Mitigation Monitoring and Reporting Program and all conditions of approval imposed on Project Approvals or Subsequent Approvals. Section 3.02. Fees Paid by Developer. The Developer shall pay all categories of City fees in place as of the Effective Date of this Agreement pursuant to the terms of Section 6.05. The Developer and City have reached an agreement on certain specific fees which is set forth in this Section 3.02. (a) Building_Permit and Processing Fees. Developer shall pay to City building permit and plan checking fees for the Hospital Support Building and any Medical Office Buildings as set forth in the City's then current building permit ordinance. Building permit fees shall be based on project valuation Page 6 of 36 1424669.1 Kaiser Medical Center and Retail Project Development Agreement