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7.3.3 The Staples Ranch EIR traffic analysis fails to address impacts <br />(current and cumulative) for the Staples Ranch Specific Plan as described <br />in the NOP dated March 19, 2007, or is not consistent with the El Charro <br />Specific Plan EIR traffic analysis (other than minor variations in traffic <br />impacts), or, if additional traffic impacts are identified in the Staples <br />Ranch EIR traffic analysis and PLEASANTON fails to adopt and <br />implement the mitigations to address such impacts. <br />7.3.4 The Staples Ranch EIR fails to include and adopt all mitigations, <br />including the mitigations referenced in 7.3.2 and 7.3.3 above, for the <br />Staples Ranch Project to address impacts (current and cumulative) that <br />impact LIVERMORE. <br />7.4 LIVERMORE certified the Final EIR for the El Charro Specific Plan on <br />July 9, 2007. Provided that LIVERMORE implements the adopted mitigations <br />therein, and that such certification, entitlement and approvals are consistent with the <br />provisions of this Agreement and LIVERMORE is not in breach of this Agreement, <br />then PLEASANTON and AUTHORITY shall not challenge or oppose <br />LIVERMORE's certification of the LIVERMORE FEIR for the El Charro Specific <br />Plan, LIVERMORE's entitlement of the Prime Outlets Project, LIVERMORE's <br />approval of the El Charro Specific Plan, or approval of projects consistent with the El <br />Charro Specific Plan and approvals necessary for implementation of the El Charro <br />Specific Plan (including Federal Aviation Administration approvals and approvals <br />necessary for Jack London Roadway acquisition and construction). <br />7.5 If AUTHORITY breaches the non-interference provisions of this <br />Agreement, LIVERMORE shall have the right to demand that AUTHORITY pay <br />LIVERMORE $1 million for the Livermore Flood Protection Improvements and $2 <br />million dollars for the El Charro Road Improvements to the extent the AUTHORITY <br />has not already paid these amounts to LIVERMORE. LIVERMORE reserves the <br />right to take any action in law or equity for such breach as described in Paragraph 8 <br />below. <br />7.6 If PLEASANTON breaches the non-interference provisions of this <br />Agreement, LIVERMORE shall have the right to demand that PLEASANTON <br />immediately reimburse LIVERMORE for its $1.0 million advance for the El Charro <br />Interchange Improvements as provided in paragraph 2.3, if the advance has been <br />made by LIVERMORE. LIVERMORE reserves the right to take any action in law or <br />equity for such breach as described in Paragraph 8 below. <br />7.7 If LIVERMORE is constructing any improvements covered by this <br />Agreement and LIVERMORE breaches the non-interference provisions prior to full <br />payment by AUTHORITY to LIVERMORE for AUTHORITY' S share of the Road <br />and/or Flood Protection Improvements, the AUTHORITY shall have the right to <br />demand that LIVERMORE immediately reimburse AUTHORITY for any payments <br />15 <br />Cost Sharing Agreement <br />Surplus Property Authority, Livermore and Pleasanton <br />