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509 <br /> <br />terms and provisions of this Development Agreement to terminate <br />this Development Agreement. A failure of the city to timely <br />conduct a periodic review pursuant~tc this Section 15 shall not in <br />any manner constitute a default by the City or the Developer <br />hereunder or invalidate this Development Agreement or diminish, <br />impede, or abrogate ~rights and privileges of either party or <br />its successors and aSs'~gns hereunder. <br /> <br />10. Amendment or Cancellation. <br /> This Development Agreement may be amended or canceled in <br />whole or in part only by mutual consent of the parties and in the <br />manner provided in Government Code Sections 65866, 65867 and <br />65867.5. <br /> <br />11. supersession of Development Agreement by changes in State or <br />Federal Law. <br /> In the event that State or Federal laws or regulations <br />enacted after this Development Agreement have been entered into or <br />the action or inaction of any other affected governmental jurisdic- <br />tion prevents or precludes compliance with one or more provisions <br />of this Development Agreement so that required changes in plans, <br />maps or permits need to be approved by the City, the parties shall: <br /> <br /> (a) Provide the other party with written notice of <br />such State or Federal restriction, provide a copy of such <br />regulation or policy as a statement of conflict for the <br />provisions of this Development Agreement; and <br /> <br /> (b) Promptly meet and confer with the other party <br />in a good faith and make a reasonable attempt to modify or <br />suspend this Development Agreement to comply with such federal <br />or State law or regulation. Thereafter, regardless of whether <br />the parties reach agreement on the effect of such Federal or <br />State law regulation upon this Development Agreement, the <br />matter shall be scheduled for a hearing before the city <br />Council, upon thirty (30) days notice, for the purposes of <br />determining the exact modification or suspension which is <br />required by such Federal or State law or regulation. <br /> <br />12. Enforced Delay and Extension of Times of Perform&nee. <br /> In addition to specific provisions of this Development <br />Agreement, performance by either party hereunder shall not be <br />deemed to be in default where delays or defaults are demonstrated <br />to be due to acts of God, war, acts or omissions of third parties <br />which are not a party to this Development Agreement, including but <br />not limited to, other governmental agencies, or other causes beyond <br />the reasonable control of Developer. Furthermore, performance by <br />either party will be excused if the failure to perform results from <br />an act or omission of the other party in breach of this Development <br /> <br /> <br />