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land included within the annexation application shall pay its pro rata share of all usual annexation processing and related processing fees applicable to the property proposed for annexation, as required by LAFCO in order to process the annexation application. In the event that Property Owner pays all of such processing and related fees, it shall be entitled to seek reimbursement from any other owner of property included in the annexation application. If LAFCO or any other agency having jurisdiction seeks to impose any condition to its approval of the City's annexation application, which condition materially affects the Project and is unacceptable to Property Owner in Property Owner's sole discretion, Property Owner may request City to withdraw its application and terminate annexation proceedings for the Property, and may oppose annexation of the Property to the City. 4.3 Partial Annexation. Nothing in this Agreement shall preclude annexation of only a portion of the Property, provided that both Property Owner and City agree to such partial annexation. In such event, the Parties agree to cooperate in good faith to amend or modify the Project Approvals, if deemed necessary by the City and agreed to by Property Owner, to ensure that each Party hereto maintains the benefit of the bargain notwithstanding such amendment or modification, and any time periods imposed under the Project Approvals for completion of an act shall be deemed extended for the amendment or modification to be processed and to allow for processing of amendments or modifications to the County approvals as provided in this Section 4.3. Nothing in this Section 4.3 shall obligate City to proceed with a partial annexation of a portion of the Property. 4.4 Termination. If, notwithstanding the good faith efforts of' Property Owner and City, annexation is not final and effective 24 months following the Effective Date "Annexation Deadline'), this Agreement shall be deemed terminated and the City and Property Owner shall have no further obligations under this Agreement, unless the City and Property Owner mutually agree, in writing, to waive or modify this provision on or before the Annexation Deadline. In the event that Property Owner, after consultation with the City and exhaustion by both parties of reasonable efforts to effectuate satisfaction, reasonably determines at any time prior to the Annexation Deadline that one or more of the Annexation Conditions cannot by satisfied on or before the Annexation Deadline, then Property Owner shall have the option to unilaterally terminate this Agreement. In the event this Agreement is terminated pursuant to this Section 4.4, the City shall withdraw any application for, and take all steps necessary to, terminate then pending, if any, annexation proceedings for the Property. 4.5 Rescission of County Approvals. (a) Within ninety (90) days from the date of annexation, Property Owner shall request. provided that there are no lawsuits or initiative or referendum measures pending that would adversely affect the annexation of the Property to the City or the Project Approvals, that the following approvals granted by the County Board of Supervisors on August 1, 1996 be rescinded: certification of the EIR; adoption of the Bernal Property Specific Plan; rezoning of the Bernal Property from the A (Agricultural) to the PD (Planned Development) District (2011th Zoning Unit) subject to certain exhibits (Exhibit B, the Land Use and Development Plan, and Exhibit C, Provisions of Reclassification); and the development agreement by and between Alameda County and the City and County of San Francisco, acting by and through its PUC. 35690/84937$v14 23 0625/00