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z'z <br /> <br /> Owner is not in default under this Agreement and has complied in good faith with this <br /> Agreement where any delay by Owner in the performance of any term or condition of <br /> this Agreement is the result of war, insurrection, strikes, walk-outs, riots, floods, <br /> earthquakes, fires, casualties, acts of God, governmental restrictions imposed or <br /> mandated by other governmental entities, enactment of conflicting laws, judicial <br /> decisions, institution of litigation by parties unaffiliated with Owner, or any cause which <br /> is not within the reasonable control of Owner. <br /> <br /> 12. Construction Requirements <br /> <br />Notwithstanding any other provision of this Agreement, the construction of any and all <br />improvements on the Property, including buildings and other structures of any type, are <br />subject to the Building Regulations in effect at the time of construction, but the <br />application of the Building Regulations must not alter the land uses, density or intensity <br />of land uses, GBFA, or the height, size, or location of the building. <br /> <br />13. Subsequent Changes in State or Federal Law. <br /> <br />If any law made or enacted after the Effective Date prevents or precludes compliance <br />with one or more material provisions of this Agreement, then the provisions of this <br />Agreement will, to the extent feasible, be modified or suspended as may be necessary <br />to comply with the new law. Immediately after enactment of any new law, the City and <br />Owner shall meet and confer in good faith to determine the feasibility of modification or <br />suspension based on the effect modification or suspension would have on the purposes <br />and intent of this Agreement. If Owner determines in good faith using reasonable <br /> <br /> -lO- <br />opfer0408 <br />FXS:dr <br />02/04/02R, 02/12/02R, 04/08/02R <br /> <br /> <br />