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eeo BGS Partners, a California limited partnership c/o Griffin Realty Corporation 5 Hutton Centre Drive, Suite 950 Santa Aha, California 92707 Notice o~ a change of address shall be delivered in the same manner ss any other notice provided herein, and shall be effective three days after mailing by the above-described procedure. 20. Breach and Remedies. Notwithstanding any provision of this Agreement to the contrary, Developer shall not be deemed to be in default under this Agreement, and the City may not terminate Developer's rights under this Agreement unless the City shall have first delivered a written notice of any alleged default to Developer, which shall specify the nature of such default. If such default is not cured by Developer within ninety (90) days of service of such notice of defau%t, or with respect. to defaults which cannot be cured within such period, Developer fails to commence to cure the default within thirty (30) days after service of the notice of default, or thereafter fails to diligently pursue the cure of such default until completion, the City may terminate Developer's rights under this Agreement. In the event a breach of this Development Agreement occurs, irreparable harm is likely to occur to the non-breaching party and damages may be an inadequate remedy. To the extent permitted by law, therefore, it is expressly recognized that specific enforcement of this Development Agreement is a proper and desirable remedy. Notwithstanding the foregoing, in no event shall Developer be entitled to any of the following damages against the City, based upon the City's default under this Agreement: (a) Punitive damages; (b) Damages for loss of profits; (c) Damages for expenditures or costs incurred prior to or following the date of this Agreement; (d) Damages in the event this Agreement is terminated. 21. Entire Agreement. This Development Agreement and the ~xhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the Development Agreement in full. Any agreement or representation respecting the matters dealt w[th herein or th~.duties of any party in relation thereto, not expressly set forth in this Development Agreement, is null and void. 22. Seversbility. 'If any term, provision, condition, or covenant of this Development Agreement, or the application thereof to any party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Development Agreement shall be valid and enforceable to the fullest extent permitted by 23. Construction of McG&w Overcrossinq. Developer and City hereby acknowledge that the EIR identifies as a required -10-