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v 1020RDINANCE NO. NS-2106 compliance with the terms of this Development Agreement. Developer agrees to furnish such evidence of good faith compliance as the Ci ty , in the reasonable exercise of its discretion and after reasonable notice to Developer, may require. Developer shall be deemed to be in good faith compliance with this Development Agreement if the city is not entitled by the terms and provisions of this Development Agreement to terminate this Development Agreement. It is understood that Developer is not under any obligation to commence construction of the Development within any time period or at all, and that nonconstruction of the Development is not a basis for the City to determine that Developer is not in good faith compliance with this Agreement. 16. Amendment or Cancellation. Except as otherwise provided for herein, this Development Agreement may ,be amended or canceled in whole or in part only by mutual consent of the parties, or their successors in interest, and in the manner provided in Government Code,Sections 65865.1, 65867, ,65867.5 and 65867. 17. Enforcement. Unless amended or canceled as provided in section 16, this Development Agreement shall continue to be enforceable by any party to it, notwithstanding any change or other regulations adopted by the city which alter or amend the rules, regulations or policies applicable to the Development. 18. Supersession of Aqreement bv Chanqes in state or Federal Law. In the event that state or federal laws, ordinances, rules, policies or regulations or the laws, ordinances, rules, policies, or regulations of any other governmental or quasi- governmental entity are enacted after the Effective Date of this Development Agreement, or the action or inaction of any other affected governmental jurisdiction prevents or precludes compliance with one or more provisions of this Development Agreement, or imposes a requirement on the Development materially different than as otherwise contemplated by this Development Agreement, or requires changes in plans, maps or permits approved by the city or the development standards set forth in the Development Agreement, the parties shall: (a) Provide the other party with 'written notice of such restriction, together with a copy of the applicable law, rule, regulation or policy and a statement in reasonable detail setting forth the conflict of same with the provisions of this Development Agreement; and (b) Promptly meet and confer with the other party in good faith and make a reasonable attempt to modify or suspend this Development Agreement to comply with such law, ordinance, rule, policy or regulation. Thereafter, regardless of whether the parties reach agreement on the effect of such law, ordinance, rule, policy or regulation upon this Development Agreement, the matter shall be scheduled for a hearing before the city Council upon 12 I I II