Conflicting Enactments. Except as provided in Section 5.2 above, any Subsequent Code Change which would conflict in any way with or be more restrictive than the Existing Regulations shall not be applied by the City to any part of the Property. Developer may, in its sole discretion, give the City written notice of its election to have any Subsequent Code Change applied to such portion of the Property as it may have an interest in, in which case such Subsequent Code Change shall be deemed to be an Existing Regulation insofar as that portion of the Property is concerned. If there is any conflict or inconsistency between the terms and conditions of this Agreement and the Existing Regulations, the terms and conditions of this Agreement shall control.
Conflicting Enactments. Except as provided in Section 5.2 above, any Subsequent Code Change which would conflict in any way with or be more restrictive than the Existing Regulations shall not be applied by the City to any part of the Property or to 711 Colorado. Developer may, in its sole discretion, give the City written notice of its election to have any Subsequent Code Change applied to such portion of the Property or 711 Colorado as it may have an interest in, in which case such Subsequent Code Change shall be deemed to be an Existing Regulation insofar as that portion of the Property or 711 Colorado is concerned. If there is any conflict or inconsistency between the terms and conditions of this Agreement and the Existing Regulations, the terms and conditions of this Agreement shall control.
Conflicting Enactments. Except as provided in Section 4.4, after the Effective Date, any newly enacted law or change in or to the Existing Development Regulations that would, absent this Agreement, otherwise be applicable to the Replacement Terminal Project and which would conflict in any way with or be more restrictive than the Existing Development Regulations (“Conflicting New Law”), regardless of the manner in which the same is enacted and regardless of whether enacted by a legislative body or other means, shall not be applied by the City to the Property. A Conflicting New Law shall include any new enactment that: (i) limits, reduces or otherwise changes the use, density, intensity or timing of the development of the Replacement Terminal Project; (ii) imposes new categories of development impact fees; (iii) imposes new discretionary review processes or procedures which do not presently apply to the Replacement Terminal Project; (iv) alters existing discretionary review processes or procedures not otherwise applicable to the Replacement Terminal Project in such a manner that they would apply to Replacement Terminal Project; or (v) increases the number of required parking spaces or affects the number of parking spaces permitted by this Agreement. The Authority, in its sole discretion, may give the City written notice of its choice to have a Conflicting New Law applied to the Property, in which case such Conflicting New Law shall be deemed to be an Existing Development Regulation.
Conflicting Enactments. Except as provided in Section 5.2 above, any Subsequent Code Change which would conflict in any way with or be more restrictive than the Existing Regulations shall not be applied by the City to any part of the Property. MINI of Santa Xxxxxx xxx, in its sole discretion, give the City written notice of its election to have any Subsequent Code Change applied to such portion of the Property as it may have an interest in, in which case such Subsequent Code Change shall be deemed to be an Existing Regulation insofar as that portion of the Property is concerned. If there is any conflict or inconsistency between the terms and conditions of this Agreement and the Existing Regulations, the terms and conditions of this Agreement shall control.
Conflicting Enactments. Except as provided in Section 6.2 above, any Subsequent Code Change which would conflict in any way with or be more restrictive than the Existing Regulations shall not be applied by City to any part of the Property. Developer may, in its sole discretion, give City written notice of its election to have any Subsequent Code Change applied to such portion of the Property as it may have an interest in, in which case such Subsequent Code Change shall be deemed to be an Existing Regulation insofar as that portion of the Property is concerned.
