Conflicting Actions Clause Samples

Conflicting Actions. For purposes of Section 9 above, any action or proceeding of the Local Agency (whether enacted by administrative action, or by a commission, board, the legislative body or the electorate) undertaken without the consent of Landowner, that has any of the following effects on the Project shall be considered in conflict with the Vested Rights, this Agreement, and the Existing County Land Use Regulations or the Existing City Land Use Regulations: 9.1.1 limiting, reducing or modifying the uses, height, bulk, density or intensity of permitted uses of all or any part of the Project, or otherwise requiring any reduction in the square footage or total number or location of buildings, residential units or other improvements; 9.1.2 limiting the location or sites, grading, roadways or other improvements or facilities on the Property in a manner that conflicts with, or is more restrictive than the limitations included in, this Agreement or the Project Approvals; or 9.1.3 limiting or controlling the rate, timing, phasing, or sequencing of the approval, development, or construction of all or any part of a Project except as otherwise provided herein, including the demolition or removal of existing buildings, facilities or materials; 9.1.4 requiring the issuance of Subsequent Approvals other than those required or contemplated under the Existing County Land Use Regulations or, as to annexed portions of the Property, Existing City Land Use Regulations; 9.1.5 limiting the availability of public utilities, services or facilities or any privileges or rights to public utilities, services, or facilities for the Project, or any portion thereof, that are required to implement the Project Approvals; 9.1.6 limiting the processing or procuring of applications and approvals of Subsequent Approvals that are required to implement the Project Approvals; or 9.1.7 imposing or increasing any Development Fees and Exactions in a manner that conflicts with this Agreement.

Conflicting Actions. Each Party acknowledges and agrees that it shall have the ability to undertake independent action, and to enter into agreements, with third parties to this Agreement, with respect to the operation or management of their own Assigned Capacity within the Transmission Line. These independent actions and agreements do not supersede this Agreement where any discrepancies exist.