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or participates in litigation concerning allocation of the cost of improvements, Developer shall allow formation of the district and placement of liens on the Property so long as City provides security which in Developer' s reasonable estimation will allow City to pay off the amount of indebt- edness that is in dispute in the event Developer prevails in the litigation. A good faith protest pursuant to this Sec- tion shall not be construed as an action of noncompliance under the terms of this Agreement. 4. LIMITATIONS ON OBLIGATION TO FUND ADDITIONAL MITIGATIONS. Notwithstanding anything herein to the contrary, Devel- oper' s obligations with respect to Additional Mitigations shall be limited as follows: 4.1 Development of Property. City agrees that it shall not exercise its discretion to impose Additional Mitigations in a manner which will materially interfere with the devel- opment of the Property for the uses and to the density and intensity set forth in the PUD. 4. 2 Economic Viability. City shall not impose Devel- oper ' s obligation to participate in the financing of Addi- tional Mitigations if such obligation will impose economi- cally infeasible levels of cost upon the Property. The determination of economic feasibility shall be subject to the reasonable and good faith discretion of the City 8.