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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 /> review meeting or ( 2) notify DEVELOPER in writing ( following the <br /> %W <br /> date the review meeting is to be held) of the COUNTY' S deter- <br /> mination as to compliance or noncompliance with the terms of this <br /> Agreement and such failure remains uncured as of December 31 of <br /> any year during the term of this Agreement, such failure shall be <br /> deemed an approval by COUNTY of DEVELOPER' S compliance with the <br /> terms of this Agreement. <br /> C. Default by COUNTY. In the event COUNTY does not accept, <br /> review, approve or issue necessary development permits, entitle- <br /> ments, or other land use or building approvals, if any, for use <br /> in a timely fashion as provided in this Agreement, or as otherwise <br /> agreed to by the parties, or the COUNTY otherwise defaults under <br /> the terms of this Agreement, DEVELOPER shall have all rights and <br /> remedies provided herein or under applicable law. <br /> 16 - <br />