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93103418 The above list of actions is not intended to be comprehensive, but is illustrative of the types of actions that would conflict with this Agreement and the Existing City Laws. 4.3 Timing. Without limiting Section 4.1 and except as provided in Section 3.4(b) , no moratorium of the City or other limitation affecting building permits or other land use entitlements imposed by the City, or the rate, timing or sequencing thereof, shall apply to the Project. 4.4 Architectural Review of Project. In order for the Developer to receive approval of the particular design of new improvements under the Project, the City may apply the rules and . regulations regarding architectural review in effect in the City at the time the Developer applies for design review approval for any aspect of the Project, as longus applying these rules and regulations does not conflict with Developer's rights under this Agreement, impose any further or additional fees or impose any other Conditions on the Project, except as provided in Section 3.2(c) . The City shall approve the design of improvements under the Project so long as the same are reasonably consistent with the general design concept of existing improvements in the Shopping Center. 4.5 Basements; Improvements. City shall cooperate with Developer in connection with any arrangements for abandoning existing utility or other easements and facilities and the relocation thereof or creation of any new easements within the Property necessary or appropriate in connection with the development of the Project. 5. Indemnity. Developer shall indemnify, defend and hold City, and its elective and appointive boards, commissions, officers, agents, and employees, harmless from any and all claims, causes of action, damages, costs or expenses (including reasonable attorneys' fees) arising out of or in connection with, or caused on account of, the development of the Project, any Approval with respect thereto, or claims for injury or death to persons, or damage to property, as a result of the operations of Developer or its employees, agents, contractors or representatives with respect to the Project. 6. Annual Review. (a) City shall, every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance with the terms of this Agreement pursuant to Government Code S 65865. 1. A finding by City of good faith compliance by Developer with the terms of this Agreement shall conclusively determine said issue up to and including the date of said review. (bIf the City Council makes a finding that Developer has not complied in good faith and in a material -11-