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expensive does not excuse the performance of the obligation by the <br />Owner. <br />(f) All other remedies at law or in equity which are not inconsistent with <br />the provisions of this Development Agreement are available to the <br />parties to pursue in the event there is a breach. <br />7.3 Damages upon Termination. in no event shall Owner be entitled to any <br />damages against City upon termination of this 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 agreements set <br />forth in this Development Agreement, or to enjoin any threatened or <br />attempted violation of this Development Agreement; or to obtain any <br />remedies consistent with the purpose of this Development Agreement. <br />Legal actions shall be Instituted in the Superior Court of the County of <br />Orange, State of California, or in the Federal District Court in the Central <br />District of California, Southern Division, <br />8. MORTGAGEE PROTECTIONS <br />8.1 Right to Owner /Notice /Multiple Mortgagees. Owner shall have the <br />absolute right to encumber Owner's right, title and interest in, to and <br />under this Development Agreement and the Property pursuant to one or <br />more Mortgages. Because certain portions of the Project may be <br />developed by one or more assignees, the Parties acknowledge and <br />agree that different Mortgages may encumber the Property and that <br />there may be a separate Mortgage in effect with respect to separate <br />parcels within the Property. It is the intention of the Parties that the rights <br />and protections granted in this Section 8 to each Mortgagee shall only <br />apply to the parcels upon which such Mortgagee's Mortgage is a lien <br />(each a "Mortgage Parcel "), and to the rights, privileges and obligations <br />under this Development Agreement relating to such Mortgage Parcel. <br />8.2 Notice of Breach to Mortgagee or Deed of Trust Holders; Right to <br />Cure. With respect to any mortgage or deed of trust granted by Owner as <br />provided herein, whenever the City delivers any Notice or demand to <br />Owner with respect to any Breach by Owner under this Development <br />Agreement, and if Owner fails to cure the Breach within the time set forth <br />herein, the City shall deliver to each Mortgagee a copy of such notice or <br />demand accompanied by a writing to the effect that Owner has failed to <br />cure a Breach ( "Mortgagee Notice "); provided that Owner or Mortgagee has <br />provided City with addresses for such purpose. Each such Mortgagee shall <br />(insofar as the rights granted by the City are concerned) have the right, at <br />its option, within thirty (30) days after the receipt of the Mortgagee Notice, <br />to cure or remedy or commence to cure or remedy and thereafter to pursue <br />11 A -37 <br />