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<br /> 12 <br /> <br /> <br />(iv) it consists of changes in, or new fees permitted by, Section 2.6; or (v) it is otherwise <br />expressly permitted by this Development Agreement. <br />d. Prior to the Effective Date, the Parties shall have prepared two (2) <br />sets of the Project Approvals and Applicable Rules, one (1) set for City and one (1) set for <br />Developer. If it becomes necessary in the future to refer to any of the Project Approvals or <br />Applicable Rules, the contents of these sets are presumed for all purposes of this Development <br />Agreement, absent clear clerical error or similar mistake, to constitute the Project Approvals and <br />Applicable Rules. <br />2.4.3. Changes in State or Federal Laws. In accordance with California <br />Government Code Section 65869.5, in the event that state or federal laws or regulations enacted <br />after the Effective Date (“State or Federal Law”) prevent or preclude compliance with one or <br />more provisions of this Agreement, the Parties shall meet in good faith to determine the <br />feasibility of any modification or suspension of this Agreement that may be necessary to comply <br />with such State or Federal Law and to determine the effect such modification or suspension <br />would have on the purposes and intent of this Agreement and the Vested Elements. Following <br />the meeting between the Parties, the provisions of this Development Agreement may, to the <br />extent feasible, and upon mutual agreement of the Parties, be modified or suspended, but only to <br />the minimum extent necessary to comply with such State or Federal Law. In such an event, this <br />Development Agreement together with any required modifications shall continue in full force <br />and effect. In the event that the State or Federal Law operates to frustrate irremediably and <br />materially the vesting of development rights to the Project as set forth in this Agreement, <br />Developer may terminate this Agreement. In addition, Developer shall have the right to <br />challenge (by any method, including litigation) the State or Federal Law preventing compliance <br />with, or performance of, the terms of this Development Agreement and, in the event that such <br />challenge is successful, this Development Agreement shall remain unmodified and in full force <br />and effect, unless the Parties mutually agree otherwise, except that if the Term of this <br />Development Agreement would otherwise terminate during the period of any such challenge and <br />Developer has not commenced with the development of the Project in accordance with this <br />Development Agreement as a result of such challenge, the Term shall be extended for the period <br />of any such challenge. <br />2.4.4. Conflicts. In the event of an irreconcilable conflict between the provisions <br />of the Project Approvals (on the one hand) and the Applicable Rules (on the other hand), the <br />provisions of the Project Approvals shall apply. In the event of a conflict between the Project <br />Approvals (on the one hand) and this Development Agreement, in particular, (on the other hand), <br />the provisions of this Development Agreement control. <br />2.5. Processing Subsequent Approvals. <br />City will accept, make completeness determinations, and process, promptly and <br />diligently, to completion all applications for Subsequent Approvals for the Project, in accordance <br />with the terms of this Development Agreement. The City acknowledges that following Project <br />approval, any Subsequent Approval will require accelerated review and consideration by the City <br />in order to satisfy Project construction schedule, financing, or other critical path requirements for <br />the Project.