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either in the performance of any term 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 performance by either of any obligation hereunder shall be totalled by the
<br /> amount 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 term or condition of this Agreement, whether or not that action seeks
<br /> or results in a temporary restraining order, a preliminary injunction, or a permanent
<br /> injunction.
<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, GBFA, or the height, size, or location of buildings permitted by this Agreement.
<br /> 18. Subsequent Changes in State or Federal 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 /> e�ctent feasible, be modified or suspended as may be necessary to comply with the new Law.
<br /> Immediately after enactment of any new Law, the parties shall meet and confer in good faith
<br /> to determine 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 determines in good faith, using reasonable business judgment, that modification or
<br /> suspension is.infeasible, then Pacific Shores or City may terminate this Agreement by written
<br /> notice to the other party.
<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.
<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 this review each year and demonstrate good faith
<br /> compliance with the Agreement. If as a result of that review, the Planning Director
<br /> determines, on the basis of substantial evidence, that Pacific Shores has not complied in good
<br /> faith with this Agreement, City may terminate or modify this Agreement in whole or in part,
<br /> subject to the following limitations:
<br /> K:\DOC\0002\0033\ACR\CITY.DA6 �� 29-DeC-1998 AT 35:00
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