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(a) If a warranty, representation, or statement made or furnished by <br />Owner to the City is false or proves to have been false in any <br />material respect when it was made; <br />(b) A finding and determination made by the City Council following a <br />periodic review under the procedure provided for in Government <br />Code Section 65865.1 that upon the basis of substantial evidence <br />the Owner has not complied in good faith with one or more of the <br />terms or conditions of this Development Agreement; <br />(c) Failure to comply with Governmental Requirements; <br />(d) Any other event, condition, act, or omission which materially <br />interferes with the intent and objectives of this Development <br />Agreement. <br />7.2 Procedure upon Default. The following principles and procedures shall <br />be applied in the determination of any Default: <br />(a) Upon the occurrence of default, City shall give Owner (the <br />"defaulting party ") thirty (30) days written notice specifying the <br />nature of the alleged default and, when appropriate, the manner in <br />which said default may be satisfactorily cured. After proper notice <br />and expiration of said thirty (30) day cure period without cure, City <br />may terminate or amend this Development Agreement in <br />accordance with the procedure adopted by the City as to all <br />defaults that may be cured within said thirty (30) day cure period. <br />For defaults that cannot be cured within said thirty (30) day cure <br />period, City may terminate or amend this Development Agreement <br />in 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 />(b) City does not waive any claim of defect in performance by Owner, if <br />on periodic review the City does not propose to modify or terminate <br />this Development Agreement. <br />(c) Non - performance shall not be excused because of failure of a third <br />person. <br />(d) An express repudiation, refusal, or renunciation of the contract, if <br />the same is in writing and signed by the Owner, shall be sufficient <br />to terminate this Development Agreement and a hearing on the <br />matter shall not be required. <br />(e) Adoption of a law or other governmental activity making <br />performance by the Owner unprofitable or more difficult or more <br />11 A' -36 <br />