Developer’s Rights. Upon (i) the approval of this Agreement by the City Council; (ii) the execution hereof by the Mayor and other necessary City officials; and (iii) the approval by the City Council to hold the Election prior to a positive determination of suitability having been issued to the Developer by the Commission pursuant to the Commission’s Request for Application – Phase One, the Developer shall have the right and obligation to: (a) request that the City direct the clerk of the City to set a date certain for the Election, provided that Developer has satisfied the Closing Conditions; and (b) submit this Agreement to the Commission as part of the Developer’s application for a Category 1 license, provided that there is an affirmative vote by the City’s voters in the Election. Developer and the City acknowledge that the Developer and City shall each have the right to cancel the Election requested by Developer pursuant to Section 2.2(a) if Developer has been found not qualified by the Commission to proceed to the Request for Application - Phase Two of the selection process (“RFA-2”) before the date set for such Election. In addition, prior to the Election, Developer and the City shall cooperate to comply with the provisions of emergency regulation 205 CMR 115.05(6).
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