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environmental mitigation measures not already referred to and/or imposed in connection with the Initial Project Approvals "Additional Mitigations 2.8 Scope of Additional Mitigations. City's environmental review of Subsequent Approvals required for the Project ahall utilize the EIR to the fullest extent permitted by law. Additional Mitigations shall be limited to measures that are feasible, as defined in CEQA (Public Resources Code Section 21000 et seq.) or the CEQA Guidelines, and that are specifically tailored to and would avoid or substantially lessen a significant adverse environmental impact not previously identified in the EIR directly caused or contributed to by the subject of the Subsequent Approval "New Significant Impacts"). By constructing or funding the construction of those off -site traffic improvements set forth in the Initial Project Approvals, and paying existing development impact fees to the City as set forth in Section 2.4(e) and (f) and complying with the provisions set forth in Section 3.6(a) and 3.6(b) below, Property Owner shall be deemed to fully satisfy its fair share of off -site traffic improvements. 2.9 School Impacts. Property Owner's compliance with the provisions of the document entitled "Memorandum of Understanding" dated August I7, 2000 between the Pleasanton Unified School District "PUSD and Property Owner shall be deemed to frilly mitigate any and all school impacts and no additional measures to mitigate school impacts shall be imposed by City, directly or indirectly, during the term of this Agreement and no Subsequent Approval(s) shall be denied, refined, qualified or conditioned based, directly or indirectly, on school impacts. 2.10 No Action to Impede Project Approvals and Subsequent Approvals. City shall take no action nor impose any condition in connection with implementation of the Initial Project Approvals, or approval or implementation of Subsequent Discretionary Approvals, which would conflict with the Project Approvals. For purposes of this Section 2.10, action taken or conditions imposed shall be deemed to be "in conflict" with the Project Approvals if such action or conditions result in one or more of the circumstances identified in subsection 2.4(c) (i) through (viii) above. 2.11 Processing During Third Partv Litigation. The filing of any third party lawsuit(s) against City or Property Owner relating to this Agreement, the Project Approvals, any Subsequent Approvals or to other development issues affecting the Property shall not delay or stop the development, processing or construction of the Project, approval of any Subsequent Discretionary Approvals, or issuance of Subsequent Ministerial Approvals, unless the third party obtains a court order preventing the activity. Without Property Owner's prior written consent, City shall not stipulate to or cooperate in the issuance of any such order. 2.12 Good Faith and Fair Dealing. The parties shall cooperate with each other and act in good faith in the implementation of the Project Approvals. 35690/849375v 14 10 0825/00