Common use of Applicability of the Agreement Clause in Contracts

Applicability of the Agreement. This Agreement does not: (1) grant density or intensity in excess of that otherwise established in the Project Approvals or Applicable Rules; (2) eliminate future Discretionary Actions relating to the Project if applications requiring such Discretionary Action are initiated and submitted by Developer after the Effective Date of this Agreement; (3) guarantee that Developer will receive any profits from the Project; or (4) amend the City’s General Plan except as specified in the Project Approvals. This Agreement has a fixed Term. Furthermore, in any subsequent Discretionary Actions applicable to the Property, the City may apply such new rules, regulations and official policies as are contained in its Reserved Powers.‌

Applicability of the Agreement. This Agreement does not: (1) grant density or intensity in excess of that otherwise established in the Project Approvals or Applicable Rules; (2) eliminate future Discretionary Actions relating to the Project if applications requiring such Discretionary Action are initiated and submitted by Developer the owner of the Property after the Effective Date of this Agreement; (3) guarantee that Developer Property Owner will receive any profits from the Project; or (4) amend the City’s General Plan except as specified in the Project Approvals. This Agreement has a fixed Term. Furthermore, in any subsequent Discretionary Actions applicable to the Property, the City may apply such new rules, regulations and official policies as are contained in its Reserved Powers.‌Powers.