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Such periodic review shall be limited in scope to compliance with <br /> the terms of this Agreement pursuant to Government Code Section <br /> 65865 . 1 . <br /> At such review meeting, DEVELOPER shall be required to <br /> demonstrate good faith compliance with the terms of this <br /> Agreement. At the conclusion of such meeting, COUNTY shall make <br /> written findings and determinations, on the basis of substantial <br /> evidence, whether or not DEVELOPER or its successor in interest <br /> has complied in good faith with the terms and conditions of this <br /> Agreement. If COUNTY finds and determines that DEVELOPER has not <br /> complied with such terms and conditions, COUNTY may terminate or <br /> modify this Agreement by giving notice of its intention to do so <br /> in the manner set forth in Government Code Section 65867 and <br /> 65868. The costs incurred by COUNTY in connection with the <br /> herein described annual review process shall be shared equally by <br /> DEVELOPER and COUNTY. <br /> In the manner prescribed in Section 10, the COUNTY shall <br /> deposit in the mail to DEVELOPER a copy of all public staff <br /> reports and documents and, to the extent practical, related exhi- <br /> bits concerning DEVELOPER' S performance hereunder at least ten <br /> (10) days prior to any such periodic review. DEVELOPER shall be <br /> permitted an opportunity to respond to the COUNTY' S evaluation of <br /> its performance, either orally at a public hearing or in a writ- <br /> ten statement, at DEVELOPER' S election. Such response shall be <br /> made to the Board of Supervisors or, if the matter has been <br /> referred to the Commission, then to the Commission. <br /> In the event the COUNTY fails to either (1 ) hold the annual <br /> - 15 - <br />