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Notice of change of address shall be delivered in the same <br />manner as any other notice provided herein, and shall be <br />effective three '4a~s after mailing by the above-described <br />procedure. <br /> <br /> 18. Breach and Remedies. Notwithstanding any <br />provision of this Development Agreement to the contrary, <br />Developer shall not be deemed to be in default under this <br />Development Agreement, and the City may not terminate <br />Developer's rights under this Development Agreement unless <br />the City shall have first delivered a written notice of any <br />alleged default to Developer, which shall specify the nature <br />of such default. If such default is not cured by DeVeloper <br />within ninety (90) days of service of such notice of default,~ <br />or with respect to defaults which cannot be cured within such <br />period, Developer fails to commence to cure the default <br />within thirty (30) days after service of the notice of <br />default, or thereafter fails to diligently pursue the cure of <br />such default until completion, the City may terminate <br />Developer's rights under this Development Agreement. In the <br />event of a default by either party which is not cured within <br />the time prescribed hereinabove, the non-defaulting party may <br />undertake one or more of the following remedfes: <br /> <br /> (a) Terminate this Development Agreement by <br /> written notice stating the grounds for such action; or <br /> <br /> (b) Institute an action for specific <br /> performance of this Development Agreement, it being <br /> expressly agreed that, in the event of a breach of this <br /> Development Agreement, irreparable harm is likely to occur <br /> to the non-breaching party and damages are not an <br /> available remedy. In no event shall either party to <br /> entitled to damages against the other party based upon the <br /> other party's default under this Development Agreement. <br /> <br /> 19. EStODDel Certificate. Either party may, at any <br /> time, and from time to time, deliver written notice to the <br /> other party requesting such party to certify in writing that, <br /> to the knowledge of the certifying party, (i) this <br /> Development Agreement is in full force and effect and a <br /> binding obligation of the parties, (ii) this Development <br /> Agreement has not been amended or modified either orally or <br /> in writing, and if so amended, identifying the amendments, <br /> and (iii) the requesting party is not in default in the <br /> performance of its obligations under this Development <br /> Agreement, or if in default, to describe therein the nature <br /> and amount of any such defaults. The party receiving a <br /> request hereunder shall execute and return such certificate <br /> within thirty days following the receipt thereof. The city <br /> acknowledges that a certificate hereunder may be relied upon <br /> by transferees and mortgagees of Developer. <br /> <br />~2\~JPSO\rkb\~t2. agt <br /> <br />11 11/:~0/89 <br /> <br /> <br />