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appealable judgment by a court of competent jurisdiction has been entered in such proceedings upholding the Initial Project Approvals. (b) Sewer Reservation. City approval of a guarantee and reservation of sewer treatment and disposal capacity sufficient to serve the Project, after reasonably demonstrating to the satisfaction of Property Owner that the City has the capability of performing this obligation consistent with the growth management allocations and timing of said allocations as provided in the Growth Management Agreement, and consistent with the scope of development and uses contemplated under the Project Approvals, and that the cost of the service will not exceed that charged to other properties. Notwithstanding the foregoing, however, if and at such time as all Annexation Conditions except the Annexation Condition set forth in this Section 4.1(b) have been deemed satisfied or waived, the Annexation Deadline as defined in Section 4.4 of this Agreement shall be accelerated to the date which is ten (10) days following satisfaction or waiver of all other Annexation Conditions. In such event, Property Owner shall notify the City in writing, prior to such accelerated Annexation Deadline, that it deems the Annexation Condition set forth in this Section 4.1(b) satisfied or that it waives such condition. In the absence of such notification, at the expiration of the ten (10) day notification period, this Agreement shall terminate in accordance with the provisions of Section 4.4. In no event shall Property Owner's notification to City in accordance with the provisions of this Section 4.1(b) constitute a waiver by Property Owner of City's obligations set forth in Section 3.12 above. (c) Master Vesting Tentative Map. Approval by City of the Master Map shall be in accordance with the provisions of this Agreement. (d) No Tax Burden. Adoption of property tax revenue exchange resolutions, pursuant to Section 99 of the California Revenue Taxation Code, or any successor section, by the City and the County that are consistent with City Council Resolution No. 80 -74 (A Resolution Approving County-Wide Method For Redistribution of Property Tax Revenues Following Annexation Or Certain Other Jurisdictional Changes), adopted March 25, 1980, or are otherwise acceptable to City and Property Owner. If, notwithstanding the good faith and diligent efforts of the City to obtain a property tax revenue exchange acceptable to it. such exchange is not final and effective prior to the Effective Date, City and Property Owner agree to work diligently either (i) to cause the County to agree to a property tax revenue exchange acceptable to the City or (ii) to reach a property tax revenue exchange that is mutually acceptable to City and Property Owner. If either a property tax revenue exchange acceptable to the City or a mutually agreeable understanding between City and Property Owner regarding the property tax revenue exchange has not been reached on or before September 27, 2000, either party shall have the right to terminate this Agreement by notifying the other party in writing and the City and Property Owner shall thereafter have 110 further obligations under this Agreement. 4.2 Annexation. Property Owner and City shall cooperate in good faith and diligently pursue approval of the annexation of the Property to the City. City shall initiate through the LAFCO, as soon as practicable after the Effective Date but in accordance with LAFCO rules and practices, appropriate applications for annexation of the Property into the City. The City shall take all steps necessary and use its best efforts to diligently and promptly complete the annexation proceedings. Property Owner shall cooperate with the City in seeking and processing the annexation through LAFCO. It is the intention of the Parties that each property owner of 1 35090/849375v 14 22 08/25/00