ORIENT CORPORATION OF AMERICA, INC. (2)

Home Browse Search

its discretion and after reasonable notice to Developer, may require. Developer shall be deemed to be in good faith compliance with this Development Agreement if the City is not entitled by the terms and provisions of this Development Agreement to terminate this Development Agreement. 'A failure of the City to timely conduct a periodic review pursuant to this Section 15 shall not in any manner constitute -a default by the City or the Developer hereunder or invalidate this Development Agreement or diminish, impede, or abrogate the rights and privileges of either party or its successors and assigns hereunder. 16. Amendment or Cancellation. This Development Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided in Government Code Sections .65866, 65867 and 65867.5. 17. Supersession of Development Agreement by changes in State or Federal Law. . In the event that State or Federal laws or regulations enacted after this Development Agreement have been entered into or the action or inaction of any other affected governmental jurisdic- tion prevents or precludes compliance with one or more provisions of this Development Agreement so that required changes in plans, maps or permits need to be approved by the City, the parties shall: (a) Provide the other party with written notice of such State or Federal restriction, provide a copy of such regulation or policy as a statement of conflict for the provisions of this Development Agreement; and.. (b) Promptly meet and confer with the other party in a good faith and make .a reasonable attempt to modify or suspend this Development Agreement to comply with such federal or State law or regulation. Thereafter, regardless of whether the parties reach agreement on the effect of such Federal or State law regulation upon this Development Agreement, the matter shall be scheduled, for a hearing before the City Council, upon thirty (30) days notice, for the purposes of determining the exact modification or suspension which is required by such Federal or State law or regulation. IS.. Enforced Delay and Extension of Times of Performance. In addition to specific provisions of this Development Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are demonstrated to be due to acts of God, war, acts or omissions of third parties which are not a party to this Development Agreement, including but not limited to, other governmental agencies, or other causes beyond 23