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within the time period provided for in Government Code Section 65868.5 shall not affect <br />its validity or enforceability among the Parties. <br />2.2 Term. This Agreement shall terminate ten (10) years from the <br />Effective Date (the 'Term"), unless earlier terminated under Sections 9, 11, or 16 of this <br />Agreement or extended by mutual written agreement under Section 10.1. <br />2.3 Expiration of Term. Except as otherwise provided in this Agreement <br />or any of the Approvals, upon the expiration of the Term of this Agreement: (a) this <br />Agreement, and the rights and obligations of the Parties under this Agreement, shall <br />terminate; and (b) Owner shall thereafter comply with the provisions of the City Laws <br />and Approvals then in effect or thereafter enacted and applicable to the Property and/or <br />the Project, except that the expiration of the Term of this Agreement shall not affect any <br />rights of Owner that are or would be vested under City Laws in the absence of this <br />Agreement or any other rights arising from Approvals granted or issued by the City for <br />the construction or development of all or any portion of the Project. <br />3. General Development of the Project. <br />3.1 Proiect. Owner shall have the vested right to develop and occupy <br />the Property in accordance with the terms and conditions of this Agreement and the <br />Project Approvals, and any additional Approvals for the Project and/or the Property <br />obtained by Owner, as the same may be amended from time to time upon application <br />by Owner; and City shall have the right to control development of the Property in <br />accordance with the Approvals for the Project and/or the Property and the provisions of <br />this Agreement, so long as this Agreement remains effective. Except as otherwise <br />specified herein, until the expiration or earlier termination of this Agreement, this <br />Agreement, the Approvals and the Existing City Laws shall control the overall <br />development, use and occupancy of the Property, and all improvements and <br />appurtenances in connection therewith, including, without limitation, the density and <br />intensity of use ("Vested Elements"), and all Mitigation Measures and Conditions <br />required or imposed in connection with the Project Approvals in order to minimize or <br />eliminate environmental impacts of the Project. <br />3.2 Subsequent Proiects. The City agrees that as long as Owner <br />develops and occupies the Project in accordance with the terms of this Agreement, <br />Owner's right to develop and occupy the Property shall not be diminished despite the <br />impact of future development in the City on public facilities, including, without limitation, <br />City streets, water systems, sewer systems, utilities, traffic signals, sidewalks, curbs, <br />gutters, parks and other City owned public facilities that may benefit the Property and <br />other properties in the City. <br />3.3 Other Governmental Permits. Owner or City (whichever is <br />appropriate) shall apply for such other permits and approvals from governmental or <br />quasi -governmental agencies other than the City having jurisdiction over the Project <br />(e.g. the California Department of Transportation) as may be required for the <br />development of or provision of services to the Project; provided, however, that City shall <br />6 <br />1677\05\1960134.8 <br />1/17/2017 <br />PAGE 266 <br />