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(vii) require the width of any roadway within the Project to be greater than that required and approved under the Initial Project Approvals; (viii) result in negative impacts that frustrate or unduly burden development of the Property, or any portion thereof, authorized by the Project Approvals. (d) If any federal or state law or regulation, made or enacted after the Effective Date prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new law or regulation. Immediately after enactment or promulgation of any such new law, City and Property Owner shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. Property Owner and/or City shall have the right to challenge any new law or regulation preventing compliance with the terms of this Agreement, and in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect and the term of this Agreement shall be extended for the duration of the period during which the successfully challenged new law or regulation precluded compliance with the provisions of this Agreement. (e) Subject to the provisions of Section 3.6(a) below, the Project shall be subject to payment of a public facilities fee and a traffic development fee as follows. Subject to the "Fee Cap Tenn" (as hereinafter defined), the maximum public facilities fee and the maximum traffic development fee that may be imposed on the Project shall be in accordance with City of Pleasanton Ordinance Nos. 1764 and 1765 and Resolution Nos. 98 -138 and 98 -139. The Project will be subject to any annual inflation adjustments that are included in such fees, but shall not be subject to any increases in the amount of said fees based upon trip rate increases or additional facilities and/or traffic improvements upon which said fees are based. Accordingly, the trip rates and the scope of the facilities and/or traffic improvements shall be based on the trip rates and scope of the facilities/improvements set forth in the September, 1998 Development Impact Report. (t) Except as otherwise provided in this Agreement, and specifically excluding fees set by entities not controlled by City that are collected by City, for a period of five (5) years following the Effective Date (the "Fee Cap Tenn"), City shall only charge and impose those fees and exactions, including, without limitation, dedications and any other fee or tax (including excise, construction or any other tax) relating to development or the privilege of developing, which are in effect on a City-wide basis as of the Effective Date. This Section shall not be construed to limit the authority of City to charge normal and customary application, processing, and permit fees for land use approvals, building permits and other similar permits, which fees are designed to reimburse City's expenses attributable to such application, processing and permitting and are in force and effect on a City-wide basis at such time as said approvals and permits are granted by City. If the term of this Agreement is extended, for any reason, pursuant to the provisions of this Agreement, the Fee Cap Term shall also be extended; provided, however, in no event shall the Fee Cap Term be extended for a cumulative total in excess of two (2) years. 35690/849375v14 7 0825100