Exception to Payment of Post-Effective Date Third Party Costs. Notwithstanding Section 716, 716.1, and 716.2 above, Developer shall not be responsible to pay and reimburse for Third Party Costs if the costs incurred are attributable to one or more of the following events:
Exception to Payment of Post-Effective Date Third Party Costs. Notwithstanding Sections 1626.1 and 1626.2 above, Developer shall not be responsible to pay and reimburse for Third Party Costs if the costs incurred are attributable to one or more of the following events: (i) City Council, City Council, Planning Commission, Zoning Administrator, or other City official with discretionary approval and/or disapproval rights over the Project or the implementation of this Agreement disapproves, denies, or refuses to take action on an application for a permit or other discretionary application necessary to commence and complete the Project; (ii) Default by City under this Agreement; or (iii) Any amendment to this Agreement or any other Project Documents that is initiated by City.
