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expense to City (other than overhead and employee staff <br />time), in securing any and all permits (but not the payment <br />of fees) which may be required by any other governmental <br />agency or public utility company with jurisdiction over the <br />Project. <br />Section 2. Annual Review of Developer's Compliance With <br />Agreement; Default• Remedies• Termination. <br />A. Annual Review. <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 />(2) A failure of City to timely conduct a periodic <br />review pursuant to this Section 2.A shall not <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 />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 />and assigns hereunder. <br />-13- <br />2/23/90 <br />