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EXHIBIT 1 <br />9. Nondiscrimination. The Developer shall not discriminate against nor segregate <br />any person, or group of persons on account of race, color, creed, religion, sex, marital status, <br />handicap, national origin or ancestry in undertaking its obligations under this Agreement. <br />10. Limitation on Damages and Remedies <br />(a) THE PARTIES ACKNOWLEDGE THAT IT IS EXTREMELY <br />DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE AMOUNT OF DAMAGES THAT <br />WOULD BE SUFFERED BY THE DEVELOPER UPON THE BREACH OF THIS <br />AGREEMENT BY THE CITY. HAVING MADE DILIGENT BUT UNSUCCESSFUL <br />ATTEMPTS TO ASCERTAIN THE ACTUAL DAMAGES THE DEVELOPER WOULD <br />SUFFER UPON THE BREACH OF THIS AGREEMENT BY ANOTHER PARTY, THE <br />PARTIES AGREE THAT A REASONABLE ESTIMATE OF THE DEVELOPER'S DAMAGES <br />IN SUCH EVENT IS ONE HUNDRED THOUSAND DOLLARS ($100,000) (THE <br />"LIQUIDATED DAMAGES AMOUNT"). THEREFORE, UPON THE BREACH OF THIS <br />AGREEMENT BY THE CITY, THE BREACHING PARTY SHALL PAY THE LIQUIDATED <br />DAMAGES AMOUNT TO THE DEVELOPER AND THIS AGREEMENT SHALL <br />TERMINATE. RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT SHALL BE THE <br />DEVELOPER'S SOLE AND EXCLUSIVE REMEDY ARISING FROM ANY BREACH OF <br />THIS AGREEMENT BY THE CITY. <br />Initials of Authorized Initials Authorized <br />Representative of City Repr sentative of Developer <br />(b) THE PARTIES EACH ACKNOWLEDGE AND AGREE THAT THE <br />CITY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, IF EITHER WERE TO BE <br />LIABLE TO THE DEVELOPER FOR ANY MONETARY DAMAGES, MONETARY <br />RECOVERY OR ANY REMEDY OTHER THAN TERMINATION OF THIS AGREEMENT <br />AND PAYMENT OF THE LIQUIDATED DAMAGES AMOUNT. ACCORDINGLY, THE <br />PARTIES AGREE THAT THE DEVELOPER'S SOLE AND EXCLUSIVE RIGHT AND <br />REMEDY UPON THE BREACH OF THIS AGREEMENT BY THE CITY IS TO TERMINATE <br />THIS AGREEMENT AND RECEIVE THE LIQUIDATED DAMAGES AMOUNT. <br />(c) THE DEVELOPER ACKNOWLEDGES THAT IT IS AWARE OF THE <br />MEANING AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH <br />PROVIDES: <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO <br />EXIST N HIS OR HER FAVOR ATTHE TIME OF EXECUTING <br />THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD <br />HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT <br />WITH THE DEBTOR. <br />(d) CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING, IT <br />IS THE INTENTION OF THE DEVELOPER TO BE BOUND BY THE LIMITATION ON <br />2.71x'$ <br />