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with each annual review of Developer's compliance with the Agreement. The written report shall briefly state the status in implementing each mitigation measure which is adopted as a condition of approval or which is incorporated into the Project. The Planning and Building Department staff shall review the written report and determine whether there is any unusual and substantial delay of over one (1) year in, or obstacle to, implementing the adopted or incorporated mitigation measures which requires action by Department staff. The result of this review will be provided to the Developer in writing. If the staff determines that action is required, the staff and the Developer shall consult and, if possible, agree upon additional actions to be taken to implement the mitigation measure(s) which are the subject of the delay or the obstacle. If, and only if, the staff and the Developer are unable to agree upon the additional actions to be taken, then either staff or the Developer may bring the matter before the Executive Director of the Planning and Building Department for a decision whether any action should be taken and what that action should be. Staff and the Executive Director of the Planning and Building Department shall be limited to imposing reasonable actions as permitted by law and by the terms of this Agreement and the EIR which will implement the existing mitigation measures in the time contemplated by the terms of this Agreement. 16. Amendment and Modification (a) General Provision. Except as otherwise set forth in this Paragraph, this Agreement may be amended or cancelled in whole or in part only by mutual consent of the parties or their successors-in-interest, in the manner provided for by California Government Code Sections 65865.1, 65867, 65867.5 and 65868. (b) Modification of Agreement in the Event of Changes in State or Federal Law or Law of Other Governmental Entity. In the event that State or Federal laws, ordinances, rules, regulations, or policies or the laws, ordinances, rules, regulations, or policies of any other governmental or quasi- governmental entity enacted after the Effective Date of this Agreement prevents or precludes compliance with one or more of the provisions of this Agreement, or impose a requirement on the Project(s) materially different than as otherwise contemplated by this Agreement, the City agrees to: (1) Provide Developer with written notice of such event and a statement of the conflict with the provisions of this Agreement; and (2) Promptly meet and confer with Developer in good faith to modify this Agreement to comply with such law, ordinance, rule, regulation, or policy. - 15 -