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6.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, <br />OWNER is found to be in compliance with this Agreement, CITY shall, upon request by <br />OWNER, issue a Certificate of Agreement Compliance ("Certificate") to OWNER stating <br />that after the most recent Periodic or Special Review and based upon the information <br />known or made known to the City Manager and City Council that: (1) this Agreement <br />remains in effect; and (2) OWNER is not in default. The Certificate shall be in recordable <br />form, shall contain information necessary to communicate constructive record notice of the <br />finding of compliance, shall state whether the Certificate is issued after a Periodic or <br />Special Review and shall state the anticipated date of commencement of the next Periodic <br />Review. OWNER may record the Certificate with the County Recorder. <br />6.6.1 Whether or not the Certificate is relied upon by assignees or other transferees or <br />OWNER, CITY shall not be bound by a Certificate if a default existed at the time <br />of the Periodic or Special Review, but was concealed from or otherwise not known <br />to the City Manager or City Council. <br />6.7 Conditions of Discretionary Approvals. The requirements imposed as conditions of any <br />discretionary approval received through the City's existing regulatory process shall be <br />governed by the terms of those approvals, and in no event shall such conditions be <br />affected by the termination, cancellation, rescission, revocation, or default or expiration <br />of this Development Agreement (although such conditions must comply with the <br />Applicable Rules). The Conditions of Approval are incorporated herein by reference and <br />attached as Exhibit "I". <br />DEFAULT AND REMEDIES. <br />7.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered <br />into this Agreement if it were to be liable in damages under this Agreement, or with respect <br />to this Agreement or the application thereof. In general, each of the parties hereto may <br />pursue any remedy at law or equity available for the breach of any provision of this <br />Agreement, except that CITY shall not be liable in damages to OWNER, or to any <br />successor in interest of OWNER, or to any other person, and OWNER covenants not to <br />sue for damages or claim any damages: <br />(a) For any breach of this Agreement or for any cause of action that arises out of this <br />Agreement; or <br />(b) For the taking, impairment or restriction of any right or interest conveyed or <br />provided under or pursuant to this Agreement; or <br />(c) Arising out of or connected with any dispute, controversy or issue regarding the <br />application or interpretation or effect of the provisions of this Agreement. <br />7.2 Release. Except for non -monetary remedies, OWNER, for itself, its successors and <br />assignees, hereby releases CITY, its officers, agents and employees from any and all <br />claims, demands, actions, or suits of any kind or nature arising out of any liability, known <br />or unknown, present or future, including, but not limited to, any claim or liability, based or <br />asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and <br />Fourteenth Amendments to the United States Constitution, or any other law or ordinance <br />which seeks to impose any other liability or damage, whatsoever, upon CITY because it <br />55394.00002\31553187.13 <br />4211240 11 A-35 <br />