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Bernal Avenue Associates/City of Pleasanton Agreement <br /> October 14, 1986 <br /> Page 6 <br /> <br /> which are in effect at the time the Agreement is executed and <br /> any (i) changes to the Local Rules or (ii) new Local Rules; <br /> provided, however, such changes or new Local Rules shall not <br /> apply if they materially interfere with (A) development of the <br /> Property for the uses and to the height, density and intensity <br /> set forth in the PUD; (B) the rate of development selected by <br /> the Developer; or (C) the cost of development. <br /> <br /> 2.2 Change in State or Federal Laws or Regulations. In <br />the event that state or federal laws or regulations, enacted <br />after this Agreement has been entered into, prevent or preclude <br />compliance with one or more provisions of the Agreement, such <br />provisions of the Agreement shall be modified or suspended as <br />may be necessary to comply with such state or federal laws or <br />regulations. Notwithstanding the foregoing, Developer shall <br />have the right to challenge the law or regulation preventing <br />compliance with the terms of this Agreement and, in the event <br />such challenge is successful, the Agreement shall remain <br />unmodified and in full force and effect. <br /> <br /> 2.3 pangers to. Health or Safety. City may condition or <br />deny a permit, approval, extension or settlement if the failure <br />to do so would place people using the Project or the immediate <br />community or both in a condition dangerous to their health, <br />safety, or both. <br /> <br />3. ADDITIONAL MITIGATIONS. <br /> <br /> 3.1 .Imposition of Additional Mitigations. City and <br /> <br />Developer agree that City shall have discretion to reasonably <br /> <br /> <br />