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Thereafter, regardless of whether the parties reach <br />agreement on the effect of such law, ordinance, rule, <br />regulation, or policy upon this Agreement, the matter <br />shall be scheduled for a hearing before the City <br />Council, upon thirty (30) days notice, for the purposes <br />of determining the exact modification required to this <br />Agreement. It being the express intent of the parties <br />to modify the Agreement to allow for the development of <br />the Project(s) in as close conformity to the terms and <br />conditions of this Agreement as reasonably possible. <br /> <br />17. Events of Default. <br /> <br /> (a) Developer shall be deemed to be in default under <br />this Agreement in the event that the City's City Council <br />finds and determines, on the basis of substantial evidence, <br />following a periodic review under the procedures provided <br />under Government Code Section 65865.1 and Paragraph 15 <br />hereof, that Developer has not complied in good faith with <br />one or more of the material terms or conditions of this <br />Agreement. <br /> <br /> (b) The City shall be deemed to be in default under <br />this Agreement upon the occurrence of one or more of the <br />following events: <br /> <br /> (i) The imposition by the City upon Developer of <br />any ordinance, rule, regulation, policy or moratorium <br />in conflict with Existing Development Regulations or <br />the terms of this Agreement. The City shall not be <br />deemed to be in default by reason of subsequent change <br />of laws, rules, regulations, or policies of another <br />local agency or governmental entity not created or <br />controlled by City which prevents or precludes <br />compliance by City or Developer with this Agreement; <br />the City agrees not to initiate or promote any such <br />changes without Developer's express written consent and <br />will use its best efforts to oppose any such changes. <br /> <br /> (ii) The failure by the City to perform any <br />covenant or obligation required by this Agreement in <br />the time and manner set forth herein, including, <br />without limitation, the Public Improvements required to <br />be constructed by the City as set forth above. <br /> <br /> (c) In the event of a default as defined in subpara- <br />graph (a) or (b) of this Paragraph 17, the non-defaulting <br />party shall issue to the other party a written "Notice of <br />Default" specifying the grounds therefor and all facts <br />demonstrating that a default has occurred. The party <br />receiving the Notice of Default shall have thirty (30) days <br />to respond in writing to the Notice of Default indicating <br /> <br />- 16 - <br /> <br /> <br />