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b. City shall be in default under this Agreement <br />if it imposes upon Developer rules, regulations or <br />official policies governing the permitted uses, density, <br />maximum height and size of ~roppsed structures, provi <br />s£ons for reservation or ded~catlon of land for public <br />purposes, required parking or the design, improvement and <br />construction standards and specifications applicable to <br />the development of the Property, which are not the same <br />in all material respects as those rules, regulations and <br />official policies in effect on the effective date of this <br />Agreement, except as otherwise expressly permitted <br />herein. City shall not be in breach of this Agreement by <br />reason of any subsequent changes of laws or regulations <br />of another local agency not created or controlled by City <br />which prevents or precludes compliance by City or <br />Developer with this Agreement. City agrees not to <br />initiate or promote any such change. <br /> <br />16. Procedure Upon Default. <br /> <br /> a. Upon Default by <br />or modify this Agreement <br />dures set forth herein. <br /> <br />Developer, City may terminate <br />in accordance with the proce- <br /> <br /> b. City shall not be deemed to have waived any <br />claim of default by Developer if, on periodic review, <br />City fails to modify or terminate this Agreement based <br />upon such purported default. <br /> <br /> c. The adoption of a law or other governmental <br />activity which is consistent with this Agreement, but <br />which makes performance by Developer more difficult or <br />more expensive, shall not excus~ the performance of <br />Developer herein. <br /> <br /> d. Non-performance of a party shall be excused if <br />it is prevented or delayed by acts of God or an emergency <br />declared by the governor of the State of California. <br /> <br /> e~ Except as provided in this Agreement, all <br />remedies at law or in equity, whether or not specifically <br />governing development agreements, are available to the <br />parties to pursue in the event of default, expressly <br />including remedy of specific performance of this <br />Agreement. <br /> <br /> f. Upon the occurrence of an event of default by <br />either party, the party not in default (the "Non- <br />Defaulting Party") shall give the party in default (the <br />"Defaulting Party") written notice of the default. The <br />Defaulting Party shall have thirty (30) calendar days <br />from the date of notice to cure the default if Such <br /> <br />® <br /> <br /> <br />