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10'6 ORDINANCE NO. NS-2106 standards and uses specified herein, or city's obligations under section 12, or ii) expressly r~pudiate, refuse or renounce this Development Agreement in writing. 22. Procedure Upon Default. (al Notwithstanding any provision of this Development Agreement to the contrary, except for Developer's default under section 21(a) (iii), Developer shall not be deemed to be in default under this Development Agreement, and the city may not terminate Developer's rights under this Development 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. Except for Developer's default under Section 21(a) (iii), if such default is not cured by Developer within ninety (90) days of service of such notice of default, or with respect to defaults which cannot be cured within such period, Developer fails to commence to cure the default within sixty (60) 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. Upon the occurrence of a default by the city, as described in section 21(b)(i), Developer may give written notice to the City specifying the nature of such default. If the City has not cured such default within ninety (90) days of such notice, an event of default by the City shall be deemed to have occurred. The occurrence of a default by the city under section 21(b) (ii) above shall, at the option of Developer, and upon written notice to the city, immediately constitute an event of default by the city. (b) In the event a breach of this Development Agreement occurs, irreparable harm is likely to occur to the nonbreaching 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. (c) In no event shall either party be entitled to damages against the other party based on the other party's default under this Agreement. 23. Entire Aqreement. This Development Agreement and the Exhibits therein 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 with herein or the duties of any party in relation thereto, not expressly set forth in this Development Agreement, is null and void. 16 II