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<br />either in the perfonnance of any tenn or condition of this Agreement is the result of war,
<br />insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God,
<br />governmental restrictions imposed or mandated by other governmental entities, enactment of
<br />conflicting laws, judicial decisions, institution of litigation by parties unaffiliated with either,
<br />or any cause which is not within the reasonable control of either. In the event of such a
<br />delay, the time for perfonnance by either of any obligation hereunder shall be totalled by the
<br />an1ount of such delay. As used in this section, "litigation" means any legal or equitable
<br />action that seeks to challenge, rescind, revoke, overturn or set aside any of the Approvals, or
<br />this Agreement, or any tenn or condition of this Agreement, whether or not that action seeks
<br />or results in a temporary restraining order, a preliminary injunction, or a pennanent
<br />injunction.
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<br />17. Construction Requirements. The construction of any improvements on the
<br />Property, including buildings and other structures of any type, other than the Public Facilities,
<br />are subject to the Building Regulations in effect at the time of construction, but the
<br />application of the Building Regulations must not restrict the land uses. density or intensity of
<br />land uses, GBF A, or the height, size, or location of buildings permitted by this Agreement.
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<br />18. Subsequent Changes in State or Federø.1 Law. If any Law made or enacted
<br />after the Effective Date of this Agreement prevents or precludes compliance with one or more
<br />material provisions of this Agreement, then the provisions of this Agreement will, to the
<br />c,,"tcnt fcfl3ible, be modified or suspended as may be necessary to comply with the new Law.
<br />Immediately after enactment of any new Law, the panies shall meet and confer in good faith
<br />to detennine the feasibility of modification or suspension based on the effect modification or
<br />suspension would have on the purposes and intent of this Agreement. If either Pacific Shores
<br />or City detennincs in good faith, using reasonable business judgment, that modification or
<br />suspension is infeasible, then Pacific Shores or City may tenninate this Agreement by written
<br />notice to the other party.
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<br />19. Other Agency Approvals. Pacific Shores shall be responsible for obtaining all
<br />permits and approvals as may be required by other governmental entities for the development
<br />of the Property, for the Public Facilities and for the Mitigation Project. City shall cooperate
<br />and assist in obtaining such approvals.
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<br />20. Annual Review. The Planning Director of City on behalf of City may. on an
<br />annual basis, review the good faith compliance by Pacific Shores with this Agreement using
<br />as guidance the provisions of Government Code Section 65865.1. Pacific Shores or its
<br />successors in interest may initiate tbis review each year and demonstrate good faith
<br />compliance with the Agreement. If as a result of that review. the Planning Director
<br />detennines, on the basis of substantial evidence, that Pacific Shores has not complied in good
<br />faith with this Agreement, City may tenninate or modify this Agreement in whole or in part.,
<br />3ubject to the following limitations:
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