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OR BK 10276 PG 3895 Page 8 of 8 <br />EXHIBIT "C" <br />18. The maximum density or square footage set forth above is not a vested right and is subject <br />to reduction based on, or as a result of, applicable City ordinances and resolutions. <br />Procedures <br />19. All conditions of this PUD approval are material to the City Council approval. Accordingly, <br />the conditions are not severable. In the event any section, subsection, sentence, clause, <br />or provision of these conditions or the rezoning is challenged and declared illegal, invalid, <br />or in violation of any statutory or constitutional requirement by a body with jurisdiction to <br />make such determination, the remainder of the conditions and PUD approval shall be <br />suspended until such time that the City Council modifies the PUD conditions of approval <br />to address the illegal or invalid provision, provided that such suspension shall not exceed <br />nine months in duration. However, such determination shall not affect the validity of <br />1) PUD entitlements that have received plat, Building Permit, or CO approval; or 2) any <br />PUD mitigation committed to or performed as of the date the determination is made, unless <br />such approvals or mitigation are specifically declared to be illegal, invalid, or <br />unenforceable. Requests for City Council -approved modifications to the PUD or the PUD <br />conditions of approval shall not be considered challenges and decisions by the City <br />Council regarding any modification or the like shall not have the effect of suspending the <br />conditions and the PUD approval under any circumstances. <br />Page 4 of 4 <br />