ROMAN CATHOLIC BISHOP OF ORANGE (3)

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2.10. "Public Art Program" means the conceptual program for the design and siting of the Public Art as shown on Exhibit C. The Public Art Program sets forth the general description of the location of the Public Art and is subject to refinement at the time of installation by mutual agreement of the Owner and the City's Executive Director of Planning and Building. 2.11. The "Term" refers to the term of this Agreement as set forth in Section 4.2 below. Additional defined terms pertaining to specific sections of the Agreement are denoted within quotation marks and parentheses. 3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement and are identified as follows: Exhibit Description Referred to in Section A Legal Description of the Property 1.2 B Site Plan 1.2 C Public Art Program 2.10, 5.8 4. GENERAL PROVISIONS. 4.1. Property Subject to the Agreement. During the Term or until released pursuant to Section 8.4 below, no portion of the Property shall be released from this Agreement until Owner has fully performed its obligations under this Agreement. 4.2. Term of Agreement. The term of this Agreement (the "Term") shall commence on the effective date of City Ordinance No. NS - I &S-) as set forth in Section 1.6 above. The Term shall end on the 12th anniversary of the Effective Date unless the Agreement is terminated or modified sooner as may be allowed by this Agreement. The Term may be extended for three years by the Executive Director of Planning and Building if Owner has provided to City notice of its intent to proceed with the Project within the extension period and is in compliance with the terms of this Agreement. 4.3. Extension of Existing Approvals. All Existing Approvals shall be deemed extended for the duration of the Term. 4.4. Assignment. Owner may transfer or assign the Property, in whole or in part, to any, person or entity (public or private) during the Term (an "Assignee"). Any transfer or assignment of the rights under this Agreement (an "Assignment") shall include the assumption of the duties, obligations, and liabilities arising from this Agreement with respect to the portions of the Property assigned or transferred. The recordation of this Agreement shall serve as notice to the Assignee of this requirement. a. During the Term, any Assignee shall perform all of Owner's obligations under this Agreement to the extent that those obligations pertain to the portion of the Property assigned. All Assigns shall have the same rights, benefits, duties, obligations, and 70020313.7 6/24/04