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first Amended and Restated—Dvyvlmneiat Agreement in <br />accordance with the procedure adopted by the City should at any <br />time Owner fail to diligently proceed in curing the default. Failure or <br />delay in giving notice of default shall not constitute a waiver of any <br />default, nor shall it change the time of default. <br />M (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 <br />modify or terminate this First Amended and Restated <br />Development Agreement. <br />W (3} -Non- performance shall not be excused because of a- failure of a <br />third person. <br />L (4)-An express repudiation, refusal, or renunciation of the contract, <br />if the same is in writing and signed by the Property - Owner, shall be <br />sufficient to terminate this First Amended and Restated <br />Development Agreement and a hearing on the matter shall not be <br />required. <br />LW (5)—Adoption of a law or other governmental activity making <br />performance by the Owner unprofitable or more difficult or more <br />expensive does not excuse the performance of the obligation by the <br />Prope#y- Owner. <br />(6)-All other remedies at law c <br />with the provisions of thi: <br />Development Agreement are <br />the event there is a breach. <br />in equity which are not inconsistent <br />First Amended_ and Restated <br />available to the parties to pursue in <br />7.3 Damages upon Termination. In no event shall Pregegy Owner be <br />entitled to any damages against City upon termination of this First <br />Amended and Restated Development Agreement. <br />7.4 Institution of Legal Action. In addition to any other rights or remedies, <br />either party may institute legal action to cure, correct, or remedy any <br />default or breach, to specifically enforce any covenants or <br />Agfeementsaareements set forth in thethM First Amended and Restated <br />Development Agreement, or to enjoin any threatened or attempted <br />violation of ttaethis First Amended and Re tated evelopmen <br />Agreement; or to obtain any remedies consistent with the purpose of <br />Ehe 's First Amended and Re ated Developmen Agreement. Legal <br />actions shall be instituted in the Superior Court of the County of Orange, <br />65W12ft2M424W45544891105 -22- <br />75A -118 <br />