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and that there will be no alteration in the basis or manner for computation of any <br />existing Exaction, no increase in any existing Exaction, or the imposition of any new <br />Exaction in connection with the development, construction, use or operation of the <br />Project on the Property after the Effective Date except as expressly provided in this <br />Agreement. <br /> <br /> AGREEMENT <br /> <br />NOW, THEREFORE, the parties hereto do hereby agree as follows: <br /> <br />1. Recitals. <br /> <br />The Recitals set forth above are true and correct and are incorporated by reference into <br />this Agreement. <br /> <br />2. Definitions. <br /> <br />Capitalized terms used in this Agreement have the meaning given them in this <br />Agreement or in Exhibit A. <br /> <br />3. Term. <br /> (a) The term of this Agreement commences on the Effective Date, and <br /> terminates on the fifth anniversary of the Effective Date. <br /> <br /> (b) City may terminate this Agreement: <br /> <br /> (i) On or after the second anniversary date of the Effective Date if the <br /> construction within of the Project has not been Substantially Commenced before <br /> that anniversary date; and <br /> <br />op~er0408 <br />FXS:dr <br />02/04/02R, 02/12/02R, 04/08/02R <br /> <br /> <br />