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(i) In lieu of or for the purpose of financing the construction of, or for providing, any <br /> <br />of the Facilities; or <br /> <br />(ii) For any other purpose for which Exactions exist on or prior to the Effective Date <br /> <br />under the Existing Development Regulations. <br /> <br />(g) Where the Exactions listed in Exhibit D are calculated based on the cost of <br />construction, City shall calculate those fees based on the probable actual cost of <br />construction. <br /> <br />(h) The use of the Property is restricted to office space, with preference to financial <br />institutions. <br /> <br />5. Project Timing <br /> <br />The adoption or modification of any Development Regulation or Building Regulation by <br />City, whether by initiative or otherwise, limiting or prescribing the pace or timing of <br />development or construction within City is in conflict with this Agreement, and the <br />adopted or modified Development Regulation or Building Regulation is not applicable to <br />the development of the Project, unless Owner in its sole discretion elects to have the <br />adopted or modified Development Regulation or Building Regulation apply to the <br />development of the Project. <br /> <br />6. Project Review and Approval Process. <br /> <br />No construction may commence until Owner has submitted and the appropriate <br />department, committee and/or commission of the City has approved all necessary <br />permits and approvals for the Project. Owner's submittals must contain such <br /> <br />opfer0408 <br />FXS:dr <br />02/04/02R, 02/12/02R, 04/08/02R <br /> <br /> <br />