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Discretionary Approvals and Applicable Law; provided, however,that nothing in this Agreement <br /> (except for provisions of this Agreement which state that they survive termination), or in the <br /> Existing Approvals or in any Subsequent Discretionary Approvals obligates Developer to <br /> develop the Property, including the Project, and Developer reserves the right to waive, in whole <br /> or in part, any of the vested rights afforded by the Existing Approvals or any Subsequent <br /> Discretionary Approvals, or to terminate this Development Agreement, and pursue Development <br /> Permits other than those provided for in, or contemplated by, the Existing Approvals or <br /> Subsequent Discretionary Approvals,provided that all fees due to County up to the proposed <br /> date of termination have first been paid in full to County. The Developer recognizes that the <br /> Existing Approvals provide for various conditions to be satisfied for the development of the <br /> Property. <br /> 2.1.2. In the event of any conflict between the provisions of this Agreement and <br /> the other Existing Approvals, the provisions of this Agreement shall control. In the event of any <br /> conflict between the Existing Approvals, the latest of the Existing Approvals to be approved by <br /> the County shall control. <br /> 2.2. Amendments to Existing Approvals, Subsequent Discretionary Approvals. <br /> 2.2.1. Any amendments to the Existing Approvals proposed by the Developer, <br /> including in connection with revisions to the Project, shall be expeditiously processed by the <br /> County in accordance with and as required by this Agreement, Applicable Law and State and <br /> Federal Laws (which may require compliance with CEQA, public hearings, findings and other <br /> actions involving the exercise of governmental legislative or administrative discretion), except as <br /> otherwise provided in Section 2.3.2. below in connection with any revised phasing plan for the <br /> Project. <br /> 2.2.2. Development of the Property, including the Project, is subject to any <br /> Subsequent Discretionary Approvals which may be sought by the Developer and approved by <br /> the County. Both the County and the Developer agree and acknowledge that no Subsequent <br /> Discretionary Approvals are necessary or required in order to implement the Project as currently <br /> described and set forth in the Use Permit. <br /> 2.2.3. Any applications for any Subsequent Discretionary Approvals submitted <br /> by the Developer, including tentative maps and additional use permits (in addition to the Use <br /> Permit), shall be expeditiously processed and reviewed by the County in accordance with and as <br /> required by this Agreement, Applicable Law and State and Federal Laws (which may require <br /> compliance with CEQA, public hearings, findings and other actions involving the exercise of <br /> governmental legislative or administrative discretion). <br /> 2.2.4. The County may attach such conditions and requirements to amendments <br /> to Existing Approvals and Subsequent Discretionary Approvals as are legally mandated under <br /> Applicable Law, provided such review and conditions and requirements are consistent with the <br /> Existing Approvals, including as previously amended, any previously granted Subsequent <br /> Discretionary Approvals and the terms and conditions of this Agreement, to carry out the <br /> policies, goals, standards and objectives of the Existing Approvals and any previously granted <br /> -20- <br />