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Exhibit to <br />Ordinance No. 1962 <br />"Non-Assuming Transferee" shall have that meaning set forth in Section 8.03 of <br />this Agreement. <br />"Notice of Compliance" shall have that meaning set forth in Section 8.04 of this <br />Agreement. <br />"Periodic Review" shall have that meaning set forth in Section 10.03 of this <br />Agreement. <br />"Project" shall have that meaning set forth in Recital D of this Agreement. <br />"Project Approvals" shall have that meaning set forth in Recital F of this <br />Agreement. <br />"Project Site" shall have that meaning set forth in Recital C of this Agreement. <br />"Subsequent Approvals" shall mean those certain other land use approvals, <br />entitlements, and permits other than the Project Approvals that are necessary or desirable <br />for the Project. In particular, as addressed in the EIR, the parties contemplate that <br />Developer will seek approvals for vesting maps and amendments to this Agreement. The <br />Subsequent Approvals may also include, without limitation, the following: amendments <br />of the Project Approvals, design review approvals, improvement agreements, use permits, <br />grading permits, building permits, lot line adjustments, sewer and water connection <br />permits, certificates of occupancy, subdivision maps, rezonings, development <br />agreements, permits, resubdivisions, and any amendments to, or repealing of, any of the <br />foregoing. <br />"Term" shall have that meaning set forth in Section 2.02 of this Agreement. <br />"Transfer Agreement" shall have that meaning set forth in Section 8.02 of this <br />Agreement. <br />ARTICLE 2. EFFECTIVE DATE AND TERM <br />Section 2.01. Effective Date. This Agreement shall become effective upon the date <br />the ordinance approving this Agreement becomes effective (the "Effective <br />Date"). <br />Section 2.02. Term. The term of this Agreement (the "Term") shall commence upon <br />the Effective Date and continue for a period of ten (10) years. <br />ARTICLE 3. OBLIGATIONS OF DEVELOPER <br />Section 3.01. Obligations of Developer Generally. The parties acknowledge and <br />agree that the City's agreement to perform and abide by the covenants and <br />obligations of City set forth in this Agreement is a material consideration for <br />Developer's agreement to perform and abide by its long term covenants and <br />obligations, as set forth herein. The parties acknowledge that many of <br />54393\84008v3 <br />