238 26 Exhibit A

Agreement shall be deemed terminated and shall be of no further force and effect and the Parties shall return to their respective positions as if this Settlement Agreement had not been executed by the Parties. The adoption of the Ordinance and/or submission, processing of or hearing on a development application shall not be required to await such fairness hearing unless the Court so orders. 6.16 Recitals The recitals set forth above are incorporated into and made part of this Agreement. [SIGNATURE PAGE FOLLOWS] 20