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(d) In the event a breach of this Second Amendment occurs, irreparable harm <br />is likely to occur to the nonbreaching party and damages may be an inadequate remedy. To the <br />extent permitted by law, therefore, it is expressly recognized that specific enforcement of this <br />Second Amendment is a proper and desirable remedy. <br />(e) In no event shall either party be entitled to damages against the other party <br />based on the other party's default under this Second Amendment. <br />14. Amendment or Cancellation. <br />Except as otherwise provided for herein, this Second Amendment may be amended or <br />canceled in whole or in part only by mutual consent of the parties, or their successors in interest, <br />and in the manner provided in Government Code Sections 65865.1, 65867, 65867.5 and 65867. <br />15. Enforcement. <br />Unless amended or canceled as provided in Section 14, this Second Amendment shall <br />continue to be enforceable by any party to it, notwithstanding any change or other regulations <br />adopted by City which alter or amend the rules, regulations or policies applicable to the <br />Development. <br />16. Suppression of Agreement by Changes in State or Federal Law <br />or by Judicial Decision. <br />In the event that state or federal laws, ordinances, rules, policies or regulations or the <br />laws, ordinances, rules, policies, or regulations of any other governmental or quasi -governmental <br />entity are enacted after the Effective Date of this Second Amendment, or the action or inaction of <br />any other affected governmental jurisdiction or any judicial decision prevents or precludes <br />compliance with one or more provisions of this Second Amendment, or imposes a requirement <br />on the Development materially different than as otherwise contemplated by this Second <br />Amendment, or requires changes in plans, maps or permits approved by City or changes in the <br />development standards set forth in this Second Amendment, the parties shall: <br />(a) Provide the other party with written notice of such restriction, together <br />with a copy of the applicable law, rule, regulation or policy and a statement in reasonable detail <br />setting forth the conflict of same with the provisions of this Second Amendment; and <br />(b) Promptly meet and confer with the other party in good faith and make a <br />reasonable attempt to modify or suspend this Second Amendment to comply with such law, <br />ordinance, rule, policy or regulation or judicial decision. Thereafter, regardless of whether the <br />parties reach agreement on the effect of such law, ordinance, rule, policy or regulation upon this <br />Second Amendment, the matter shall be scheduled for a hearing before the City Council upon <br />thirty (30) days notice, for the purposes of determining the exact modification or suspension <br />which is required by such law, ordinance, rule, policy, regulation or judicial decision. It is the <br />express intent of the parties to modify this Second Amendment to allow for the development of <br />the Development in as close conformity to the terms and conditions of this Second Amendment <br />SMRH:4830-4678-6704.E -12- <br />