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(d) Applicable Subsequently Adopted Rules. <br /> Notwithstanding the foregoing, and by way of example but not as a limitation, City shall not be <br /> precluded from applying any Subsequently Adopted Rules to development of the Project on the <br /> Property where the Subsequently Adopted Rules are: <br /> (i) Specifically mandated by changes in state or federal laws or regulations <br /> adopted after the Effective Date as provided in Government Code Section 65869.5; <br /> (ii) Specifically mandated by a court of competent jurisdiction; <br /> (iii) Changes to the Uniform Building Code or similar uniform construction <br /> codes, or to City's local construction standards for public improvements so long as such <br /> code or standard has been adopted by City and is in effect on a Citywide basis; or <br /> (iv) Required as a result of facts, events or circumstances presently unknown <br /> or unforeseeable that would otherwise have an immediate and substantially adverse risk <br /> on the health or safety of the surrounding community as reasonably determined by-City. <br /> 5.2 Developer's Right to Rebuild <br /> City agrees that Developer may renovate or rebuild the Project within the Term of this <br /> Agreement should it become necessary due to natural disaster, changes in seismic requirements, <br /> or should the buildings located within the Property become functionally outdated, within <br /> Developer's sole discretion, due to changes in technology. Any such renovation or rebuilding <br /> shall be subject to the square footage and height limitations vested by this Agreement, and shall <br /> comply with the Project Approvals, any Subsequent Approvals, the building codes existing at the <br /> time of such rebuilding or reconstruction, and the applicable requirements of CEQA. <br /> 5.3 Availability of Public Services <br /> To the maximum extent permitted by law and consistent with its authority, City shall assist <br /> Developer in reserving and securing capacity for sewer, water and any other utilities or services <br /> as may be necessary or appropriate to serve the Project. <br /> 5.4 Developer's Application for Non-City Permits and Approvals. <br /> City shall cooperatively and diligently work with Developer in its efforts to obtain any and all <br /> such non-City permits, entitlements, approvals or services as are necessary to develop and <br /> operate the Project in order to assure the timely availability of such permits, entitlements, <br /> approvals and services, at each stage of Project development. <br /> 11 <br />