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<br /> <br /> <br /> <br /> <br /> <br /> <br /> (3) Failure to comply with Governmental regulations; <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 /> <br /> 7.2 Procedure upon Default. <br /> <br /> (1) Upon the occurrence of an alleged default, City shall give Property <br /> Owner (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 /> (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 /> 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, unless such an activity constitutes a breach <br /> of this Agreement by the City, or the City undertakes such an activity which renders impossible <br /> Owner's performance of its obligations or exercise of any of its rights vested under this <br /> Agreement. <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 /> 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 /> 7.4 Institution of Legal Action. In addition to any other rights or remedies, <br /> <br /> <br /> <br /> 15 <br /> 11 A-23 <br />