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modified, extended or suspended by the County, after notice to and consultation with the Developer and after public hearing as required by the Development Agreement Regulations, as may be necessary to comply with such State and/or Federal Laws. 2.4.3. To the extent that any actions of federal or state agencies, acting pursuant to State and/or Federal Laws (or actions of regional and local agencies, including the County, required by federal or state agencies acting pursuant to State and/or Federal Laws, 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 acting pursuant to State and/or Federal Laws) have the effect of preventing, delaying or modifying 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 State and/or Federal Laws and to be subject to such development restrictions as may be necessary or appropriate by reason of such actions of federal or state agencies, acting pursuant to State and/or Federal Laws (or such actions of regional and local agencies, including the County, required by federal or state agencies acting pursuant to State and/or Federal Laws, or action of the County taken in order to prevent adverse impacts upon the County by actions of federal or state agencies acting pursuant to State and/or Federal Laws). 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, the Existing Approvals and any Subsequent Discretionary Approvals in light of such actions of federal and state agencies acting pursuant to State and/or Federal Laws. 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,the Existing Approvals and any Subsequent Discretionary Approvals 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. 2.4.4. Nothing herein shall be construed to limit the authority of the County in the exercise of its police power or pursuant to federal or state mandate to adopt and apply to the Developer and the development of the Property, codes, ordinances and regulations which are of general application throughout the County and have the legal effect of protecting persons or property from conditions which create a health, safety or physical risk. 2.4.5. Subject to the express fee limitations contained in Section 2.5.,nothing herein shall be construed to limit the authority of the County in the exercise of its police power or pursuant to federal or state mandate to adopt and apply to the Developer and the development of the Property, codes, ordinances, regulations and official policies dealing with subjects not covered by the Existing Approvals, any Subsequent Discretionary Approvals or Applicable Law. -23-