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. (4) An expressropudiati~ refusal, or renunciation "fthe conttact, if the same is in writing and signed by the Property Owner, shall" aufficient to terminate this Asrccmcnt and. hearing on the matter shall not be required. (5) Adoption of a law or other governmental activity making performance bytbc Owner UJ1P1"Oñtable or more düñcu1t or more expensive does nottXœ.sc the performance of the obliption by the Property Owner. (6) All other ranedies at .law or in equity which are not inconsistent with the provisions of this Agreement are available to the parties topnrsue in the event there is a breach. 1.3 Ðamal- upon TemûDatiøa.In no event shaI1 Property Owner be entitled to any damages against City upon termination of this A.greemenL 7.4 IDStitutloa of LepI AdlOD. In addition to any other rights or remedi- either party may iDstitute legal action to cure, co~ or remedy any default or breach, to apedfiœ11y eaforce any coveøants or ,A¡reemcmts set forth in tho Agreement, or to enjoin any thœatened or attempted violation of the Agreement; or to obtain any remedies consistent with Cbe pmpose of the A¡reement Legal actions shalt be instituted in the Superior Court of the County of Orange, State ofCaliComia, orin the Federal. District Court in the Central District of Califomia, Southern Division. 8. ENCUMBRANCES AND RELEASES ON PROPERTY. . 8.1 DiseredoD to Ene.mber. This Agreement shall not prevent or limit Owner, in any manner. at Ownet's sole and absolute discretion. from encumbering the Property or any portion of the Property or any improvement on the Property by any mortgage, deed of trust, or other security device securing financing with respect to the Property «its improvement 8.2 EDddemeat toWrittea Notice of Dd'a..ll Themortp¡ee of a mortgage or beu1iciary of a deed of trust encumbering the Property or any part ~f and their successors and 8SSÎps shan, upon written ~uest to City, be entitled to receive .&om City wr.itta1 notifieation of any default by Owner of the perfonnance of Ownets obligations under the Aørcemcnt which has not been cured within the same time period as provided in section 1.2. above, and said mortgagee or beneficiary sbaUhave the right to cure such default within the same time aDd such additional time as may be nœcssary to exerclso it rights as a secured creditor; provided said mortgaøee or beneficiary promptly and diligently exercises such remedies. 8.3 Releases City agrees that upon written request of Property Owner and payment of an fees and pcrÎonnancc of the requiromcots and conditions required of Owner by this Aøroemcnt with respect to tho Propørty, or any portion thereof; City may execute anddeJiver to Owner appropriate relcasc(s)oí further obHgations impored by this Agreement in form and substance acceptable to the Orange County Recorder or as may otherwise be nccessa.ry to effect the release. . ~fì Ordinance No. NS-2656 Page 17 of 45