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set forth in the PUD; (B) the rate of development selected by the Developer; or (C) the cost of development. 2.2 Change in State or Federal Laws or Regulations. In the event that state or federal laws or regulations, enacted after this Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Notwithstanding the foregoing, Developer shall have the right to challenge the law or regulation preventing compliance with the terms of this Agreement and, in the event such challenge is successful, the Agreement shall remain unmodified and in full force and effect. 2.3 Dangers to Health or Safety. City may condition or deny a permit, approval, extension or settlement if the failure to do so would place people using the Project or the immediate community or both in a condition dangerous to their health, safety, or both. 3. ADDITIONAL MITIGATIONS. 3.1 Imposition of Additional Mitigations. City and Developer agree that City shall have discretion to reasonably and in good faith determine that the effects of cumulative development of properties within the Bernal Avenue - I-680 area require additional mitigation measures ("Additional Mitiga- tions") than those required by the PUD, and to impose the cost of financing these Additional Mitigations upon property benefitting therefrom to the extent reasonable and practical, -6-