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expense <br />time), in <br />of fees) <br />agency or <br />Project. <br />Section 2. <br /> <br />to City (other than overhead and employee staff <br /> securing any and all permits (but not the payment <br /> which may be required by any other governmental <br /> public utility company with jurisdiction over the <br /> <br />Annual Review of Developer's Compliance With <br />AGreement: Default; Remedies; Termination. <br />Annual Review. <br /> <br />(1) During the term of this Agreement, City shall <br /> have the right to annually review whether <br /> Developer is proceeding in good faith to- <br /> comply with this Agreement. Each such review <br /> shall be conducted in accordance with <br /> California Government Code Section 65865.1 and <br /> Article 6 of the Procedures and Requirements <br /> for Consideration of Development Agreements of <br /> the City of Santa Ana. <br /> <br />(2) A failure of City to timely conduct a periodic <br /> review pursuant to this Section 2.A shall not <br /> <br />in any manner constitute a default by City <br />hereunder or invalidate this Agreement, nor <br />shall any such failure in any way constitute a <br /> <br />waiver by City of any default of Developer or <br />diminish, impede, or abrogate the rights and <br />privileges of either party or its successors <br /> <br />and assigns hereunder. <br /> <br />-13- <br /> <br />2/23/90 <br /> <br /> <br />