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Law,and in no event shall Developer(or any of its contractors or subcontractors)be required to do anything that is in violation of or inconsistent with such laws and regulations. Article IV. Landscaping Agreement Between Developer and CalTrans. Section 4.01 Landscaping Agreements. Developer intends to plant and maintain said plantings/landscaping in and upon an areas owned by CalTrans along the perimeter of the Project as outlined in the Project Approvals. CalTrans has indicated that any agreement to allow said plantings/landscaping will be between the City and CalTrans as opposed to between the Developer and CalTrans. The City and Developer therefore agree that the City, upon request of Developer, shall enter into said agreement with CalTrans (which agreement has been approved by Developer) and simultaneously enter into an agreement with Developer by which Developer will assume the rights and obligations of the City under the agreement between CalTrans and the City. The latter agreement shall be binding upon Developer's successors and assigns. Article V. City Obligations. Section 5.01 Protection of Vested Rights. To the maximum extent permitted by law, City shall take any and all actions as may be necessary or appropriate to ensure that the vested rights provided by this Agreement can be enjoyed by Developer and to prevent any City Law from invalidating or prevailing over all or any part of this Agreement. City shall cooperate with Developer and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect. City shall not support, adopt, or enact any City Law, or take any other action which would violate the express provisions or intent of the Project Approvals or the Subsequent Approvals (defined below). Section 5.02 Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall assist Developer in reserving capacity for sewer, water and any other services as may be necessary to serve the Project. Section 5.03 Developer's Right to Rebuild.. City agrees that Developer, at Developer's sole and absolute discretion, may renovate or rebuild the Project within the Term of this Agreement (before or after completion) should it become necessary including, but not limited to a natural disaster, changes in seismic requirements; commercially not feasible, functionally outdated, or technologically obsolete reasons. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA. Article VI. Miscellaneous. -9-