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2.5.2.A. To the extent that any actions of federal or state agencies(or actions of regional and local agencies/including the County, required by federal or state agencies or actions of the County taken in good faith in order to prevent adverse impacts upon the County by actions of federal or state agencies)have the effect of preventing, delaying or modifying implementation of the Master Plan or development of the Property or any portion thereof, the County shall not in any manner be liable for any such prevention, delay or modification. Such actions include,but are not limited to, flood plain or wetlands designations and actions of the County or regional and local agencies as a result thereof, and the imposition of air quality or transportation measures or sanctions and actions of the County or regional and local agencies as a result thereof. As a condition to being able to proceed with development, the Developer may be required, at its cost and without cost to or obligation on the part of the County, to participate in such regional or local programs adopted pursuant to applicable law and to be subject to such development restrictions as may be necessary or appropriate by reason of such actions of federal or state agencies(or such actions of regional and local agencies, including the County, required by federal or state agencies, or action of the County taken in order to prevent adverse impacts upon the County by actions of federal or state agencies). Actions by the County hereunder shall not be arbitrary or capricious, and the County shall consider Developer's proposals for alternative measures of achieving the mutual goals and objectives of this Agreement and the Existing Approvals in light of such actions of federal and state agencies. In the alternative, in the event that such new regulations make it infeasible for Developer to proceed with the development of the Property, Developer shall consult with County and shall consider, in good faith, County's proposals for alternative measures of achieving the mutual goals and objectives of this Agreement in light of the circumstances. If a mutually acceptable resolution cannot be reached, Developer may elect to withdraw from and terminate its rights and obligations under this Agreement. 2.5.3. Notwithstanding anything herein to the contrary, all applications for Development Permits shall be subject to the development, impact, mitigation and processing fees which are lawfully enacted and in force and effect at the time the application therefore is filed, including, but not limited to, costs,charges, fees and other payments imposed by the MHCSD and any Financing Mechanism; provided, however, that such fees are applied to implement the Existing Approvals or Reserved Discretionary Approvals. Notwithstanding the foregoing, however, County and Developer have determined and agree that to the extent the Property has already been subjected to mitigation and/or the payment of fees to mitigate Project-related infrastructure impacts, future County-wide development impact fees to mitigate the same impacts shall not be imposed upon the Property. Nothing in this Section 2.5.3. shall be construed to modify or reduce Developer's obligations under the Mountain House Transportation Improvement Fee(MHTIF), the County's Transportation Impact Mitigation Fee (TIMF), or the Regional Traffic Impact Fee (RTIF). In addition, the Developer shall pay, at the time of application for or as a condition to issuance of building permits or other entitlements or certificates of occupancy, its pro rata portion of any fees established by the County not in conflict with the Public Financing Plan and this Agreement to monitor the carrying out of the Existing Approvals. Notwithstanding the foregoing, County may waive or reduce, in its discretion, certain fees to promote the construction of affordable housing. W02-SF:FPD\614811452 -28-