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(ii) if an Administrative Appeal is filed, or if an Administrative Appeal is not expressly permitted, and in either case no judicial challenge is filed, on the date on which the statute of limitations for a judicial challenge to the approval expires under California law; (iii) if a judicial challenge is filed but is not appealed, on the date final judgment is rendered in the trial court. (iv) if a judicial challenge is appealed, on the date that the appeal is dismissed or the appellate decision becomes final. 1.02 Rights to Develop Proiect. (a) Vested Right. During the Term, except in an Event of a Default by Developer as defined in Article 4 ofthis Agreement, Developer shall have the vested right to develop the Project on the Property in compliance with the Precise Plan (and the Conditions of Approval attached to the Precise Plan as Appendix B-hereafter the "Conditions of Approval"), as in effect on the Effective Date. Developer acknowledges that, prior to execution of this Agreement, changes in the City's general plan and zoning ordinance will be necessary, because the Precise Plan and this Agreement must be consistent with the general plan and zoning ordinance. No subsequent amendment of the Precise Plan shall apply to the Project, except: (i) an amendment which, alone or in conjunction with other amendments after the Effective Date, does not make it materially more difficult to develop as many as 1930 residential units as part of the Project and does not make any of the Key Elements (as identified in section 1.02(g) below) materially more restrictive; or (ii) with the written consent of the Developer. During the Term, to the extent covered by the Precise Plan, the overall design, development and construction of the Project, all on-site and off-site improvements, and the issuance of any subsequent Project approvals shall be governed by the Precise Plan. In the event of conflict between any term or provision of this Agreement or the Precise Plan and any other City ordinance, resolution, plan, rule, regulation, standard, directive, permit, approval, condition or other measure (collectively, "City Law"), this Agreement and the Precise Plan shall prevail. Except as limited by this Agreement, the City shall retain all its police powers with respect to the Project, and this Agreement shall be subject to Government Code Section 65869.5, concerning compliance with state or federal laws or regulations. The agreement of the City contained in this Agreement concerns the Project as identified in Recital 4 of this Agreement. In the event that the Developer or a successor in interest submits an application to the City to modify the Precise Plan or any other City Law to permit Developer to proceed with an alternate project, the City may disapprove such application, or may condition its approval on modifications to one or more provisions of this Agreement, the Precise Plan or other City Laws. (b) Certain Matters Covered by Precise Plan The (1) permitted uses of the Property, (2) density, intensity, rate and timing of development; (3) design, improvement, and construction standards and specifications, with respect to height and size of proposed buildings and other matters; and (4) provisions for reservation or dedication of land for public purposes for the Project, shall be those identified in the Precise Plan. 1289\02\ 17 5277 .12 4