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Transfer (and it may be set forth in any applicable Implementation Agreement associated with the Phase to which release relates). From and after any assignment or Transfer under Sections 602.2(a) or (g), for all purposes of the Phase to which such assignment or Transfer relates under this Agreement and the Attachment the term "Developer" shall thereafter mean and refer solely and exclusively to the assignee or Transferee, and not to the original Developer hereunder or the assignee or Transferee of any other Phase. In the event of a Transfer by the Developer under subparagraphs a through , inclusive, above not requiring the Ag ne x s prior approval, the Developer nevertheless agrees that at least ten 10 days prior to such Transfer it shall give ri tt n notice to the Agency of such Transfer and satisfactory evi d enc a that the Transferee has assumed jointly with the Developer the obligations of this Agreement. 602.3 A e n u Consideration of requested Transfer. The Agency agrees that it will not unreasonably withhold approval of a request made pursuant to this Section 602, provided the Developer delivers written notice to the Agency requesting such approval. Such notice shall be accompanied by sufficient evidence regarding the proposed assigncels or transferee's applicable operational qualifications and experience, and its financial commitments and resources, in sufficient detail to enable the Agency to evaluate the proposed assignee or purchaser pursuant to the criteria set forth in this Section 602 and as reasonably determined by the Agency. The Agency shall evaluate each proposed transferee or assignee on the basis f its applicable development and/or qualifications as it relates to a proposed transferee who is obligated to complete the Developer Improvements, and experience in the operation of facilities sirnil ar to the Developer Improvements, and its financial commitments and resources, and may reasonably disapprove any proposed transferee or assignee, during the period for which this Section 602 applies, which the Agency determines does not possess equal or better qualifications than the transferring Developer. An assignment, assumption and release agreement in form satisfaetort to the Airencar's legal counsel shall also be required for all proposed assignments. Within thirty o d a s after the receipt of the Developer's ri t tern notice requesting Agency approval of an assignment or transfer pursuant to this Section 602, the Agency shall either approve or disapprove such proposed assignment or transfer, or shall respond in writing by stating what further information, if any, the Agency reasonably requires in order to determine the request complete and d e tune whether or not to grant the requested approval. Upon receipt of such a response, the Developer shall promptly furnish to the Agency such further information as may be reasonably requested. 602.4 Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon the Developer and its permitted successors and assigns. Whenever the term "Developer" is used in this Agreement, such term shall include any other permitted suuc ss ors and assigns as herein provided. 602.5 . s i nm n t by Agency. The Agency may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, w h i h approval shall not he unreasonably withheld; provided, however, that the Agency may assign or transfer any of its interests hereunder to the City at any time without the consent of the Developer. DO 1400673 Y 14!20}272 -0001