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• 93103418 protest pursuant to this Section 3.2(b) shall not be construed as an action of noncompliance under the terms of this Agreement. (d) Specific Project -Generated Traffic Improvements. Stoneridge Mall Road is designed to function as a traffic distributor and best fulfills its function without traffic signals. The parties agree, however, that if a multi-level parking structure is constructed and, in the determination of traffic engineers for the City (following review by and consultation with the Developer's traffic engineers), traffic control measures are necessary on Stoneridge Mall Road, Developer shall pay for the installation of a traffic signal or other similar mitigation measure. Such mitigation measure shall become a condition imposed during the design review process, but such condition will allow actual field studies for specified period of time prior to the actual installation of such traffic mitigation measure. (e) Public Transit. The Developer will continue to cooperate in permitting public bus access to and from the Shopping Center as provided in the existing written agreements with Contra Costa County Transit Authority, Livermore Amador Valley Transit Authority, and San Francisco -Bay Area Rapid Transit District. 3.3 Project Phasing. The Project will be developed in phases, and the Parties acknowledge that Developer cannot presently predict the timing or sequencing of any such Project phasing. Such decisions depend upon numerous factors which are not within the control of Developer, such as market orientation and demand, interest rates, competition and other similar factors. Because the California Supreme Court held in Pardee Construr,tion Co. v. City of Camarillo, 37 Cal. 3d 465 (1984) , that failure of the parties therein to provide for the timing of development resulted in a later -adopted initiative restricting the timing of development approved under the parties' agreement, it is the Parties' intent to cure that deficiency by acknowledging and providing that Developer shall have the right to develop the Project in phases in such order and at such times as Developer deems appropriate within the exercise of its subjective business judgment and the provisions of this Agreement. By entering into this Agreement, Developer shall not be obligated to develop the Project. 3.4 Other Governmental Permits. (a) Developer or City (whichever is appropriate) shall apply for such other permits and approvals from other governmental or quasi -governmental agencies which may have jurisdiction over the Project (such as any public utility district) as may be required for the development of, or provision of services to, the Project. City shall promptly and diligently cooperate, at no cost to the City, with Developer in its endeavors to obtain such permits and approvals and, from time to time at the request of Developer, shall attempt with due -8-