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Exaction, agreed to by OWNER, fulfills the same purposes, in whole or in <br />part, as the fees set forth in Section 4 of this Agreement, CITY shall allow <br />a credit against such subsequently adopted Development Exaction for the <br />fees paid under Section 4 of this Agreement to the extent such fees fulfill <br />the same purposes. <br />(e) Regulations that may be in material conflict with this Agreement but that <br />are reasonably necessary to protect the residents of the project or the <br />immediate community from a condition perilous to their health or safety. <br />To the extent possible, any such regulations shall be applied and construed <br />so as to provide OWNER with the rights and assurances provided under <br />this Agreement. <br />(f) Regulations that are not in material conflict with this Agreement or the <br />Development Plan. Any regulation, whether adopted by initiative or <br />otherwise, limiting the rate or timing of development of the Property shall <br />be deemed to materially conflict with the Development Plan and shall <br />therefore not be applicable to the development of the Property. <br />(g) Regulations that are in material conflict with the Development Plan; <br />provided OWNER has given written consent to the application of such <br />regulations to development of that Property in which the OWNER has a <br />legal or equitable interest. <br />(h) Regulations that impose, levy, alter or amend fees, or charges relating to <br />consumers or end users, including, without limitation, trash can <br />placement, service charges and limitations on vehicle parking. <br />(i) Regulations of other public agencies, including Development Impact Fees <br />adopted or imposed by such other public agencies, although collected by <br />CITY. <br />3.3.2 Subsequent Project Approval . This Agreement shall not prevent CITY, in acting <br />on subsequent Project Approvals and to the same extent it would otherwise be <br />authorized to do so absent this Agreement, from applying subsequently adopted or <br />amended Land Use Regulations that do not materially conflict with this <br />Agreement. <br />3.3.3 Modification or Suspension by State or Federal Law. In the event that State, <br />County or Federal laws or regulations, enacted after the Effective Date of this <br />Agreement, prevent or preclude compliance with one or more of the provisions of <br />this Agreement, such provisions of this Agreement shall be modified or suspended <br />as may be necessary to comply with such State or Federal laws or regulations; <br />provided, however, that this Agreement shall remain in full force and effect to the <br />extent it is not inconsistent with such laws or regulations and to the extent such <br />laws or regulations do not render such remaining provisions impractical to enforce. <br />3.3.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority <br />to limit certain aspects of its police power by contract and that the foregoing <br />limitations, reservations and exceptions are intended to reserve to CITY all of its <br />55394.00002\31553187.13 <br />#21124v3 <br />11 A-27 <br />