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<br />basis of substantial evidence the Property Owner has not complied in good faith with one or <br />more of the terms or conditions of this Agreement; <br /> <br />(3) Failure to comply with Governmental Requirements; <br /> <br />(4) Any other event, condition, act, or omission of Owner, or of its <br />officers, agents, employees, consultants, special counsel, or representatives, which materially <br />interferes with the intent and objectives of this Agreement. <br />7.2 Procedure upon Default. <br /> <br />(I) Upon the occurrence of default, City shall give Property Owner <br />(the "defaulting party") thirty (30) days written notice specifYing the nature of the alleged <br />default and, when appropriate, the manner in which said default may be satisfactorily cured. <br />After proper notice and expiration of said thirty (30) day cure period without cure, City may <br />terminate or amend this Agreement in accordance with the procedure adopted by the City as to <br />all defaults that may be cured within said thirty (30) day cure period. For defaults that cannot be <br />cured within said thirty (30) day cure period, City may terminate or amend this Agreement in <br />accordance with the procedure adopted by the City should at any time Owner fail to diligently <br />proceed in curing the default. Failure or delay in giving notice of default shall not constitute a <br />waiver of any default, nor shall it change the time of default. <br /> <br />(2) City does not waive any claim of defect in performance by <br />Property Owner, if on periodic review the City does not propose to modify or terminate this <br />Agreement. <br /> <br />(3) Non-performance shall not be excused because of a failure of a <br /> <br />third person. <br /> <br />(4) An express repudiation, refusal, or renunciation of the contract, if <br />the same is in writing and signed by the Property Owner, shall be sufficient to terminate this <br />Agreement and a hearing on the matter shall not be required. <br /> <br />(5) Adoption of a law or other governmental activity making <br />performance by the Owner unprofitable or more difficult or more expensive does not excuse the <br />performance of the obligation by the Property Owner. <br /> <br />(6) All other remedies at law or in equity which are not inconsistent <br />with the provisions of this Agreement are available to the parties to pursue in the event there is a <br />breach. <br /> <br />7.3 Damages upon Termination. In no event shall Property Owner be <br />entitled to any damages against City upon lawful termination of this Agreement. <br /> <br />15 <br />