Section 3.2.5.2 Optional Entitlement Application. If Developer elects to pursue the Ballot Initiative, then, whether or not the Ballot Initiative passes, Developer shall have the right, but shall not be obligated to submit an entitlement application as described in Section 3.2.5.1 above but which shall be referred to herein as the Optional Entitlement Application. Such application shall not be a Mandatory Milestone unless Developer elects to make such application, and, if the Ballot Initiative shall have passed, shall include only those land use approvals and entitlements that Alameda, in consultation with Developer, determines are necessary to permit development of the Project consistent with the Ballot Initiative. If Developer elects to submit the Optional Entitlement Application, then Developer shall submit the Optional Entitlement Application no later than January 15, 2010. Except as otherwise provided in Sections 2.2 and 5 of this Agreement, the Term of this Agreement shall not be extended for such submission (unless mutually agreed to in writing by the Parties)