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Parties, termination shall be effective upon the passage of thirty(30)days following such consideration and review by the Board of Supervisors. 5.8. Invalidity of Agreement. 5.8.1. If this Agreement shall be determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. 5.8.2. If any provision of this Agreement shall be determined by a court to be invalid or unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any law which becomes effective after the Effective Date of this Agreement and any Party in good faith determines that such provision is material to its entering into this Agreement, that Party may elect to terminate this Agreement as to all of its obligations then remaining unperformed in accordance with Section 5.9. hereof, subject, however, to the provisions of Section 5.10. hereof. 5.9_ Termination Upon Completion of Development. 5.9.1. Concurrently with or following the recordation of a Final Map creating developable lots none of which require any further on-site or off-site Infrastructure or the satisfaction of other conditions before building permits can be issued for such lots, Developer may request in writing and the Community Development Director shall not unreasonably withhold, the issuance of a certificate of termination of this Agreement,in recordable form, as to the lots included in such Final Map. Upon recordation of the certificate of termination, at Developer's cost,this Agreement shall terminate as to the lots included in the certificate of termination;provided,however, that such termination of this Agreement shall not preclude the imposition of continuing payments and obligations under the Public Financing Plan, any agreement with the MHCSD and any Financing Mechanisms. 5.9.2. In addition to Section 5.9.1.,this Agreement shall terminate when the Property has been fully developed and all of the Developer's obligations in connection therewith (except for continuing payments and obligations under the Public Financing Plan, the MHCSD Services Agreement or any other agreement with the MHCSD and any Financing Mechanism) are satisfied as determined by the County, subject, however, to the provisions of Section 5.10. hereof. 5.10. Effect of Termination on Developer Obligations. Termination of this Agreement as to the Developer or the Property or any portion thereof shall not affect any requirement to comply with the Existing Approvals (to the extent the Existing Approvals remain in effect), including the Master Plan, applicable Specific Plan, the Public Financing Plan, and the terms and conditions of the applicable zoning, any development plan approvals, any applicable permit(s), or any subdivision map or other land use entitlements approved with respect to the Property, nor shall it affect any other covenants of the Developer specified in Section 5.11. of this Agreement to continue after the termination of this Agreement. Developer understands and agrees that the Existing Approvals may be substantially modified in light of the circumstances resulting from W02-SF:FPD\61451145.2 -46-