Changes in Applicable Rules. 3.2.3.1 Non-application of Changes in Applicable Rules. Any change in, or addition to, the Applicable Rules, including, without limitation, any change in any applicable general plan, zoning or building regulation, adopted or becoming effective after the Effective Date of this Agreement, including, without limitation, any such change by means of ordinance including but not limited to adoption of a specific plan or overlay zone, City Charter amendment, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City, the Mayor, City Council, Planning Commission, any City Agency, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project and which would conflict in any way with the Applicable Rules, Project Approvals, or this Agreement, shall not be applied to the Project unless such changes represent an exercise of the City’s Reserved Powers, or are otherwise agreed to in this Agreement. Notwithstanding the foregoing, Developer may, in its sole discretion, give the City written notice of its election to have any subsequent change in the Applicable Rules applied to some portion or all of the Property as it may own, in which case such subsequent changes in the Applicable Rules shall be deemed to be contained within the Applicable Rules insofar as that portion of the Property is concerned. In the event of any conflict or inconsistency between this Agreement and the Applicable Rules, the provisions of this Agreement shall control.
Changes in Applicable Rules. No addition to, or modification of, the Applicable Rules including, without limitation, changes in the City’s comprehensive plan or any zoning or building regulation, adopted or effective after the Effective Date, shall be applied to the Project unless agreed to by the Parties. Notwithstanding the foregoing, the Company may, in its sole discretion, give the City written notice of its election to have any subsequent change in the Applicable Rules applied to all or any portion of the Project Site, in which case such subsequent change shall be deemed to be incorporated within the Applicable Rules with respect to such portion of the Project Site. In the event of any conflict or inconsistency between this Agreement and the Applicable Rules, the provisions of this Agreement shall control. If applicable state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as necessary to comply with state or federal laws or regulations.
Changes in Applicable Rules
