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019 <br /> <br /> (b) <br />shall: <br /> <br /> Development Ague ~nt; or <br /> <br />iii) An express repudiation, refusal or renUnciation of <br /> this Development Agreement, if the same is in <br /> writing and signed by the Developer. <br /> <br />The city shall be in defau1% under this Development if it <br /> <br />i) <br /> <br />fail to comply in good faith with the requirements <br />hereof regarding the permitted development stan- <br />dards and uses specified herein, or City's obliga- <br />tions under Section 12, or <br /> <br />ii) <br /> <br />expressly repudiate, refuse or renounce this Devel- <br />opment Agreement in writing. <br /> <br /> (c) Notwithstanding any provision of this Development <br />Agreement to the contrary, except for Developer's default under <br />subsection (a) (iii), Developer shall not be deemed to be in default <br />under this Development Agreement, and the City may not terminate <br />Developer's rights under this Development Agreement unless the City <br />shall have first delivered a written notice of any alleged default <br />to Developer, which shall specify the nature of such default. <br />Except for Developer's default under subsection (a)(iii), if such <br />default is not cured by Developer within ninety (90) days of <br />service of such notice of default, or with respect to defaults <br />which cannot be cured within such period, Developer fails to <br />commence to cure the default within Sixty (60) days after service <br />of the notice of default, or thereafter fails to diligently pursue <br />the cure of such default until completion, the city may terminate <br />Developer's rights under this Agreement. Upon the occurrence of a <br />default by the city, as described in subsection (b)(i), Developer <br />may give written notice to the city specifying the nature of such <br />default. If the City has not cured such default within ninety (90) <br />days of such notice, an event of default by the city shall be <br />deemed to have occurred. The occurrence of a default by the city <br />under subsection (b)(ii) above shall, at the option of Developer, <br />and upon written notice to the city, immediately constitute an <br />event of default by the City. <br /> <br /> (d) In the event a breach of this Development Agreement <br />occurs, irreparable harm is likely to occur to the nonbreaching <br />party and damages may be an inadequate remedy. To the extent <br />permitted by law, therefore, it is expressly recognized that <br />specific enforcement of this Development Agreement is a proper and <br />desirable remedy. <br /> <br /> (e) In no event shall either party be entitled to damages <br />against the other party based on the other party's default under <br />this Agreement. <br /> <br />13 <br /> <br /> <br />