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12. Vested Right. The Parties agree that the list of Improvements is intended to address the <br /> public infrastructure needs of the Revised Project and the Hotel and community - serving retail <br /> space described in the Precise Plan, and that City shall not require Developer or the <br /> developer(s) of the Hotel and community- serving retail space to pay for any additional public <br /> infrastructure improvements that serve both the Revised Project and surrounding areas, unless <br /> Developer seeks to modify or expand the scope of the Revised Project or otherwise seeks to <br /> develop additional property within the Precise Plan beyond the development comprising the <br /> Revised Project and the Hotel and community- serving retail space described in the Precise Plan. <br /> 13. Incorporation of Attachments. Attachment A is hereby incorporated by reference into this <br /> Amended Plan. <br /> S:ATTY /AG R/2010.111/EX H I B I T3 <br /> 9/28/10 8 <br />