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adopted initiative restricting the timing of development to prevail over the parties' agreement, it <br /> is the Parties' intent to cure that deficiency by acknowledging and providing that, subject to any <br /> infrastructure phasing requirements that may be required by the Project Approvals, Developer <br /> shall have the right (without obligation) to develop the Property in such order and at such rate <br /> and at such times as Developer deems appropriate within the exercise of its subjective business <br /> judgment. <br /> 2.3.2. Moratorium. No City - imposed moratorium or other limitation (whether <br /> relating to the rate, timing or sequencing of the development or construction of all or any part of <br /> the Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, <br /> and whether enacted by the City Council, an agency of City, the electorate, or otherwise) <br /> affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building <br /> permits, occupancy certificates or other entitlements to use or service (including, without <br /> limitation, water and sewer) approved, issued or granted within City, or portions of City, shall <br /> apply to the Property to the extent such moratorium or other limitation is in conflict with this <br /> Agreement; provided, however, the provisions of this Section shall not affect City's compliance <br /> with moratoria or other limitations mandated by other governmental agencies or court- imposed <br /> moratoria or other limitations. <br /> 2.3.3. No Other Requirements. Nothing in this Development Agreement is <br /> intended to create any affirmative development obligations to develop the Project at all or in any <br /> particular order or manner, or liability in Developer under this Development Agreement if the <br /> development fails to occur. <br /> 2.4. Effect of Project Approvals and Applicable Rules; Future Rules. <br /> 2.4.1. Governing Rules. Except as otherwise explicitly provided in this <br /> Development Agreement, development of the Property shall be subject to (a) the Project <br /> Approvals and (b) the Applicable Rules. <br /> 2.4.2. Changes in Applicable Rules; Future Rules. <br /> a. To the extent any changes in the Applicable Rules, or any <br /> provisions of future General Plans, Specific Plans, Zoning Ordinances or other rules, regulations, <br /> ordinances or policies (whether adopted by means of ordinance, initiative, referenda, resolution, <br /> policy, order, moratorium, or other means, adopted by the City Council, Planning Commission, <br /> or any other board, commission, agency, committee, or department of City, or any officer or <br /> employee thereof, or by the electorate) of City (collectively, "Future Rules ") are not in conflict <br /> with the Vested Elements, such Future Rules shall be applicable to the Project. <br /> b. To the maximum extent permitted by law, City shall prevent any <br /> Future Rules from invalidating or prevailing over all or any part of this Agreement, and City <br /> shall cooperate with Developer and shall undertake such actions as may be necessary to ensure <br /> this Agreement remains in full force and effect. City shall not support, adopt or enact any Future <br /> Rule, or take any other action which would violate the express provisions or spirit and intent of <br /> this Agreement or the Project Approvals. Developer reserves the right to challenge in court any <br /> 6 <br />