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<br />. ' <br /> <br />760 <br /> <br />18. Breach and Remedies.' Notwithstanding any <br />provision of this Development Agreement to the contrary, <br />Developer shall not be ,deemed to be in default under this <br />Development Agreement, and the city may not terminate <br />Developer's rights under this Development Agreement unless <br />the City shall have first delivered a written notice of any <br />alleged default to Developer, which shall specify the nature <br />of such default. If such default is not cured by Developer <br />within ninety (90) days of service of such notice of default, <br />or with respect to defaults which cannot be cured within such <br />period, Developer fails to commence to cure the default <br />within thirty (30) days after service of the notice of <br />default, or thereafter fails to diligently pursue the cure of <br />such default until completion, the City may terminate <br />Developer's rights under this Development Agreement. In the <br />event of a default by either party which is not cured within <br />the time prescribed hereinabove, the non-defaulting party may <br />undertake one or more of the following remedies: <br /> <br />(a) Terminate this Development Agreement by <br />written notice stating the grounds for such action; or <br /> <br />(b) Institute an action for specific <br />performance of this Development Agreement, it being <br />expressly agreed that, in the event of a breach of this <br />Development Agreement, irreparable harm is likely to occur <br />to the non-breaching party and damages are not an <br />available remedy. In no event shall either party to <br />entitled to damages against the other party based upon the <br />other party's default under this Development Agreement. <br /> <br />19. EstoDDel Certificate. Either party may, at any <br />time, and from time to time, deliver written notice to the <br />other party requesting such party to certify in writing that, <br />to the knowledge of the certifying party, (i) this <br />Development Agreement is in full force and effect and a <br />binding obligation of the parties, (ii) this Development <br />Agreement has not been amended or modified either orally or <br />in writing, and if so amended, identifying the amendments, <br />and (iii) the requesting party is not in default in the <br />performance of its obligations under this Development <br />Agreement, or if in default, to describe therein the nature <br />and amount of any such defaults. The party receiving a <br />request hereunder shall execute and return such certificate <br />within thirty days following the receipt thereof. The City <br />acknowledges that a certificate hereunder may be relied upon <br />by transferees and mortgagees of Developer. <br /> <br />20. Entire AGreement. <br />and the'eXhibits herein contain <br />the parties, and is intended by <br />state the Development Agreement <br /> <br />This Development Agreement <br />the entire agreement between <br />the parties to completely <br />in full. Any agreement or <br /> <br />OC11\DBC\CAL-PAC\CAL-PAC.AG4 12 <br /> <br />7~ <br /> <br />! i <br />