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Project Approvals, the Subsequent Approvals (defined in Section 4.3 below) (as and when
<br /> issued), the Applicable Law (defined in Section 2.3 below) and any amendments to the Project
<br /> Approvals, Subsequent Approvals or this Agreement as shall, from time to time, may be
<br /> approved pursuant to this Agreement.
<br /> Section 2.2 Permitted Uses. The permitted uses and the density and intensity
<br /> of use of the Project Site; the maximum height, bulk and size of the proposed buildings;
<br /> provisions for reservation or dedication of land for public purposes and the location of public
<br /> improvements; the general location of public utilities; and other terms and conditions of
<br /> development applicable to the Project, shall be as set forth in the Project Approvals and any
<br /> Subsequent Approvals (but not in any way limit or otherwise conflict with any right to construct
<br /> and operate as set forth in the Project Approvals).
<br /> Section 2.3 Applicable Law. "Applicable Law" shall mean, collectively, the
<br /> Project Approvals and the other City laws, rules, regulations, official policies, standards and
<br /> specifications governing development of the Project Site (including, but not limited to, the
<br /> Zoning Ordinance, General Plan, and design and construction standards as amended by the
<br /> Project Approvals), which are in force and effect on the Effective Date, except as otherwise
<br /> provided in this Section 2.3 and Section 3.3 below. During the Term, to the extent there are any
<br /> conflicts between the other Project Approval(s) or the Subsequent Approvals, including, but not
<br /> limited to, condition(s) attached thereto, and this Agreement, the terms and conditions of this
<br /> Agreement, including, without limitation, Developer's vested rights hereunder, shall govern and
<br /> prevail.
<br /> This Section 2.3 shall not preclude the application to development of the Project
<br /> or Project Site of:
<br /> a. Changes in Applicable Law if and to the extent that the terms of which are
<br /> specifically mandated and required by changes in State or Federal laws or regulations. In the
<br /> event State or Federal laws or regulations enacted after the Effective Date of this Agreement
<br /> prevents or precludes compliance with provision(s) of this Agreement or requires changes in
<br /> plans, maps or permits approved by the City, this Agreement shall be modified, extended or
<br /> suspended as may be necessary to comply with such State or Federal law or regulation.
<br /> b. Any ordinances, resolutions, orders, rules, official policies, standards,
<br /> specifications, or other regulations promulgated or adopted by City or its electorate (through
<br /> their power of initiative or otherwise) after the Effective Date (collectively, "New City Laws")
<br /> that relate to hearing bodies, petitions, applications, notices, findings, records, hearings, reports,
<br /> recommendations, appeals and any other matter of procedure imposed at any time; provided,
<br /> that such New City Laws are uniformly applied on a City-wide basis to all substantially similar
<br /> types of development projects and properties and such procedures are not inconsistent with
<br /> procedures set forth in this Agreement.
<br /> c. New City Laws that revise City's uniform construction codes, including
<br /> City's building code, plumbing code, mechanical code, electrical code, fire code, grading code
<br /> and other uniform construction codes, as of the date of permit issuance; provided, that such
<br /> New City Laws are uniformly applied on a City-wide basis to all substantially similar types of
<br /> development projects and properties.
<br /> d. Subject to the requirements set forth in Section 3.3(b)(4) below, New City
<br /> Laws that are necessary to protect physical health and safety of the public; provided, that such
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