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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
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