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511 <br /> <br /> (b) The City shall be deemed to be in default under this <br />Agreement, upon the occurrence of one or more of the following <br />events: " <br /> <br /> (i) The imposition by the City upon Developer of <br />any ordinance,cr~e, regulation, policy or moratorium in <br />conflict with E~£S~ing Development Regulations or the terms of <br />thisDevelopmentAgreement. The City shall not be deemed to be <br />in default by reason of subsequent change of laws, rules, <br />regulations, or policies of another local agency or governmen- <br />tal entity not created or controlled by City which prevents or <br />precludes compliance by City or Developer with this Develop- <br />mentAgreement; the City agrees not to initiate or promote any <br />such changes without Developer's express written consent. <br /> <br /> (ii) The failure by the City to perform any covenant <br />or obligation required by this Development Agreement in the <br />time and manner set forth herein, including, without limita- <br />tion, completing the public improvements required to be <br />constructed by the City as set forth above in Section 11(a). <br /> <br /> (c) Subject to extensions of time by mutual consent in <br />writing, if a default as defined in subsection (a) or (b) above, is <br />not cured by the defaulting party within ninety (90) days of <br />service of a notice of default, or with respect to defaults which <br />cannot be cured within such period, the defaulting party fails to <br />commence to cure the default within thirty (30) days after service <br />of the notice of default, or thereafter fails to diligently pursue <br />the cure of such default until completion, the non-defaulting party <br />may terminate the defaulting party's rights under this Development <br />Agreement. In the event of a default by either party which is not <br />cured within the time prescribed hereinabove, the non-defaulting <br />party may undertake one or more of the following remedies: <br /> <br /> (i) Terminate this Development Agreement by written <br />notice stating the grounds for such action; or <br /> <br /> (ii) Institute an action for specific performance of <br />this Development Agreement, it being expressly agreed that, in <br />the event of a breach of this Development Agreement, irrepara- <br />ble harm is likely to occur to the nonbreaching party and <br />damages are not an available remedy. <br /> <br /> (d) In no event shall either party be entitled to <br />damages against the other party based on the other party's default <br />under this Agreement. <br /> <br />16. Estoppel certificate. <br /> Either party may, at any time, and from time to time, <br />deliver written notice to the other party requesting such party to <br />certify in writing that, to the knowledge of the certifying party, <br /> <br />8 <br /> <br /> <br />