Common use of Compliance with Requirements of Other Governmental Entities Clause in Contracts

Compliance with Requirements of Other Governmental Entities. 3.8.1 During the Term, Land Owner, at no cost to City, shall comply with lawful requirements of, and obtain all permits and approvals required by other local, regional, state and federal agencies having jurisdiction over Land Owner's activities in furtherance of this Agreement. Land Owner shall pay all required fees when due to federal, state, regional, or other local governmental agencies other than the City and acknowledges that City does not control the amount of any such fees. 3.8.2 City shall cooperate with Land Owner in Land Owner's effort to obtain permits and approvals from federal, state, regional, and other local governmental agencies, provided that same does not impose any costs on or require the City to incur any costs without compensation or reimbursement, or require the City to amend any of the City's policies, regulations, or ordinances. 3.8.3 As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Property of changes in state or federal laws, regulations, plans, or policies, and the City may enforce changes in local laws, regulations, plans or policies that are specifically mandated by changes in state or federal laws, regulations, plans or policies or required to prevent the City from incurring liabilities or other costs resulting from such changes. In the event changes in the state or federal laws prevent or preclude compliance with one or more provisions of this Agreement, this Agreement shall be modified as may be necessary to comply with such state or federal laws or regulations. The Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified as may be necessary to comply with changes in the law, and City and Land Owner shall agree to such action as may be reasonably required. It is the intent of the Parties that any such modification be limited to that which is necessary and to preserve to the extent possible the original intent of the Parties in entering into this Agreement. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations. Nothing in this Agreement shall preclude the City or Land Owner from contesting by any available means (including administrative or judicial proceedings) the applicability to the Property of any such state or federal laws or regulations. 3.8.4 To the extent that any actions of federal or state agencies (or actions of other governmental agencies, including City, required by federal or state agencies, or actions of City taken in good faith to the extent necessary to prevent the City from incurring liability as a result of failure to comply with actions of federal, state or other governmental agencies) have the effect of preventing, delaying, or modifying development of the Property or any portion thereof, City shall not in any manner be liable for any such prevention, delay, or modification. Such actions include, but are not limited to, flood plain or wetlands or endangered species designations and actions of City or other governmental agencies as a result; the imposition of air quality or transportation measures or sanctions and actions of City or other governmental agencies as a result; or changes to CEQA and actions of City or other governmental agencies as a result. As a condition to being able to proceed with development, Land Owner may be required, at its cost, to participate in such regional or local programs and to be subject to such development restrictions as may be necessary or appropriate by reason of actions of federal, state or other governmental agencies (or action of City taken in order to prevent adverse impacts upon City by actions of federal, state, or other governmental agencies).

Compliance with Requirements of Other Governmental Entities. 3.8.1 During the Term, Land Owner, at no cost to City, shall comply with lawful requirements of, and obtain all permits and approvals required by other local, regional, state and federal agencies having jurisdiction over Land Owner's activities in furtherance of this Agreement. Land Owner shall pay all required fees when due to federal, state, regional, or other local governmental agencies other than the City and acknowledges that City does not control the amount of any such fees. 3.8.2 City shall cooperate with Land Owner in Land Owner's effort to obtain permits and approvals from federal, state, regional, and other local governmental agencies, provided that same does not impose any costs on or require the City to incur any costs without compensation or reimbursement, or require the City to amend any of the City's policies, regulations, or ordinances. 3.8.3 As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Property of changes in state or federal laws, regulations, plans, or policies, and to the City may enforce extent that such changes in local laws, regulations, plans or policies that are specifically mandated and required by changes in state or federal laws, laws or regulations, plans or policies or required to prevent the City from incurring liabilities or other costs resulting from such changes. In the event changes in the state or federal laws law prevent or preclude compliance with one or more provisions of this Agreement, this Agreement shall be modified as may be necessary to comply with such state or federal laws or regulations. The Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified as may be necessary to comply with changes in the law, and City and Land Owner shall agree to such action as may be reasonably required. It is the intent of the Parties that any such modification be limited to that which is necessary and to preserve to the extent possible the original intent of the Parties in entering into this Agreement. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations. Nothing in this Agreement shall preclude the City or Land Owner from contesting by any available means (including administrative or judicial proceedings) the applicability to the Property of any such state or federal laws or regulations. 3.8.4 To the extent that any actions of federal or state agencies (or actions of other governmental agencies, including City, required by federal or state agencies, or actions of City taken in good faith to the extent necessary to prevent the adverse impacts upon City from incurring liability as a result of failure to comply with by actions of federal, state or other governmental agencies) have the effect of preventing, delaying, or modifying development of the Property or any portion thereof, City shall not in any manner be liable for any such prevention, delay, or modification. Such actions include, but are not limited to, flood plain or wetlands or endangered species designations and actions of City or other governmental agencies as a result; the imposition of air quality or transportation measures or sanctions and actions of City or other governmental agencies as a result; or changes to CEQA and actions of City or other governmental agencies as a result. As a condition to being able to proceed with development, Land Owner may be required, at its cost, to participate in such regional or local programs and to be subject to such development restrictions as may be necessary or appropriate by reason of actions of federal, state or other governmental agencies (or action of City taken in order to prevent adverse impacts upon City by actions of federal, state, or other governmental agencies).

Compliance with Requirements of Other Governmental Entities. 3.8.1 During the Term, Land Owner, at no cost to City, shall comply with lawful requirements of, and obtain all permits and approvals required by other local, regional, state State and federal Federal agencies having jurisdiction over Land Owner's activities in furtherance of this Agreement. Land Owner shall pay all required fees when due to federalFederal, stateState, regional, or other local governmental agencies other than the City and acknowledges that City does not control the amount of any such fees. 3.8.2 City shall cooperate with Land Owner in Land Owner's effort to obtain permits and approvals from federalFederal, stateState, regional, and other local governmental agencies, provided that same does not impose any costs on or require the City to incur any costs without compensation or reimbursement, or require the City to amend any of the City's policies, regulations, or ordinances. 3.8.3 As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Property of changes in state or federal laws, regulations, plans, or policies, and to the City may enforce extent that such changes in local laws, regulations, plans or policies that are specifically mandated and required by changes in state State or federal laws, Federal laws or regulations, plans or policies or required to prevent the City from incurring liabilities or other costs resulting from such changes. In the event changes in the state or federal laws law prevent or preclude compliance with one or more provisions of this Agreement, this Agreement shall be modified as may be necessary to comply with such state State or federal Federal laws or regulations. The Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified as may be necessary to comply with changes in the law, and City and Land Owner shall agree to such action as may be reasonably required. It is the intent of the Parties that any such modification be limited to that which is necessary and to preserve to the extent possible the original intent of the Parties in entering into this Agreement. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations. Nothing in this Agreement shall preclude the City or Land Owner from contesting by any available means (including administrative or judicial proceedings) the applicability to the Property of any such state State or federal Federal laws or regulations. 3.8.4 To the extent that any actions of federal Federal or state State agencies (or actions of other governmental agencies, including City, required by federal Federal or state State agencies, or actions of City taken in good faith to the extent necessary to prevent the adverse impacts upon City from incurring liability as a result of failure to comply with by actions of federalFederal, state State or other governmental agencies) have the effect of preventing, delaying, or modifying development of the Property or any portion thereof, City shall not in any manner be liable for any such prevention, delay, or modification. Such actions include, but are not limited to, flood plain or wetlands or endangered species designations and actions of City or other governmental agencies as a result; the imposition of air quality or transportation measures or sanctions and actions of City or other governmental agencies as a result; or changes to CEQA and actions of City or other governmental agencies as a result. As a condition to being able to proceed with development, Land Owner may be required, at its cost, to participate in such regional or local programs and to be subject to such development restrictions as may be necessary or appropriate by reason of actions of federalFederal, state State or other governmental agencies (or action of City taken in order to prevent adverse impacts upon City by actions of federalFederal, stateState, or other governmental agencies).