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Section 4.01. Obligations of City Generally. The parties acknowledge and agree that Developer's agreement to perform and abide by its covenants and obligations set forth in this Agreement, including Developer's decision to process the siting of the Project in the City, is a material consideration for City's agreement to perform and abide by the long term covenants and obligations of City, as set forth herein. Section 4.02. 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, as defined below, 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. Except as otherwise provided herein, 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. Section 4.03. Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall assist Developer in reserving such capacity for sewer and water services as may be necessary to serve the Project. This capacity shall be assured for the Term at a cost to be applied uniformly without discrimination as to user or use. Section 4.04. Developer's Right to Rebuild. City agrees that Developer may renovate or rebuild the Project within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, or should the buildings located within the Project become functionally outdated, within Developer's sole discretion, due to changes in technology. Any such renovation or rebuilding shall be subject to the squaze 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. Section 4.05. Issuance of Building Permits. City agrees that the number of building permits available to be issued for the Project shall not be subject to the annual limitations set forth in Chapter 17.36 of the City of Pleasanton Municipal Code, but the Project shall be subject to the annual building permit limitations set forth in the City's General Plan. Section 4.06. City's Waiver of In Lieu Pazk Dedication Fees. City waives Developer's in lieu pazk dedication fee obligations pursuant to Chapter 19.44 of the City's Municipal Code in recognition of Developer's dedication of the Open Space as permanent open space and dedication of an easement for a regional trail along the eastern boundary of the Project Site. City acknowledges that such dedications by Developer constitute full and complete mitigation of all pazk- related impacts of the Project. 54393\84008v3