Common use of Developer’s Rights Clause in Contracts

Developer’s Rights. Developer shall have the right to develop the Project on the Property in accordance with the Project Approvals and the Vested Elements, and other terms and conditions of development applicable to the Property are as set forth in: The General Plan of County on the Effective Date (“Applicable General Plan”); (a) The Nevada County Land Use and Development Code on the Effective Date (“Applicable Land Use and Development Code”); (b) Other rules, regulations, ordinances and policies of the County applicable to development of the Property on the Effective Date (collectively, together with the Applicable General Plan and Applicable Land Use and Development Code, the “Applicable Rules”); (c) The Project Approvals; (d) This Development Agreement; (e) Use Permit U06-012, as set forth in Exhibit C attached hereto; and (f) The Cents Per Ton, as set forth in Exhibit I attached hereto; and are hereby vested subject to the provisions of this Development Agreement (“Vested Elements”).

Developer’s Rights. Developer shall have the right to develop the Project on the Property in accordance with the Existing Project Approvals and the Vested ElementsApprovals, and other terms and conditions of development applicable to the Property as are as set forth in: : (a) The General Plan of County on the Effective Date (“Applicable General Plan”); (ab) The Nevada County Land Use and Development Code on the Effective Date (“Applicable Land Use and Development Code”); (bc) Other rules, regulations, ordinances ordinances, and policies of the County applicable to development of the Property on the Effective Date (collectively, together with the Applicable General Plan and Applicable Land Use and Development Code, the “Applicable Rules”); (cd) The Project Approvals; (de) This Development Agreement; (ef) Conditional Use Permit U06CUP XXX-012XXX, as set forth in Exhibit C attached hereto; and; (fg) The Cents Per Ton, as set forth in Exhibit I attached hereto; and hereto The foregoing items (a) through (g) inclusive (“Vested Elements”) are hereby vested subject to the provisions of this Development Agreement (“Vested Elements”)Agreement.