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5. Filing Subsequent Legal Challenges (a) Pleasanton shall not file any action, or aid in the prosecution of any action, based upon claims or causes of action of any nature arising out of the approval of the Shapell Development Agreement, the Windemere Development Agreement, 2992 RZ and 2993 -RZ, the PDP, or the Conditions of Approval to the extent such are in substantial conformance with the 1992 Approvals, as modified to reflect the Country Club at Gale Ranch approvals, and with the Danville Settlement Agreement, this Settlement Agreement, and any other Settlement Agreements entered into for the Lawsuit. Contra Costa Superior Court shall retain jurisdiction over this action for the purpose of enforcing this provision, pursuant to Code of Civil Procedure 664.6, by way of motion by any party. (b) Other than the approval of the Shapell Development Agreement, the Windemere Development Agreement, 2992 -RZ and 2993 RZ, the PDP and the Conditions of Approval, if the County (1) uses the EIR (or portions thereof) to modify the Project or to approve a rezoning, development agreement or tentative map, (2) modifies the Project (through a general plan amendment or any other legislative act) or (3) approves a rezoning, a development agreement or tentative map, Pleasanton retains the right to file legal action challenging any such uses, modification or approval to the extent that such use, modification or approval is not based upon or in substantial conformance with the 1992 Approvals, as modified by the Country Club at Gale Ranch approvals, or with the Danville Settlement Agreement, this Settlement Agreement or any other Settlement Agreement entered into for this Lawsuit. However, any such lawsuit shall operate to relieve Shapell and Windemere of their obligations under paragraph 1 of this Settlement Agreement. The exercise by Pleasanton of its rights to make comments on any such modifications or approvals during the legislative or administrative process shall not relieve Shapell and Windemere of their obligations under paragraph 1 of this Settlement Agreement. (c) Prior to the filing of any action as provided in paragraph 5(b), the parties will first attempt to resolve any dispute through informal discussions. Any party may convene such discussions though written notice delivered by confirmed facsimile transmission or overnight delivery to the other parties, providing at least ten days' notice, and setting a date, time and place for such discussions. The convening party shall reasonably accommodate the parties' schedules in selecting and /or altering the date and time of the discussions. This dispute resolution process shall be undertaken in good faith and shall be invoked prior to resort to filing an action; provided, however, that by agreeing to this process, no party to this Agreement loses or waives its right to sue under any applicable statute of limitations or loses or waives its right to assert the operation 5