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ninety (90) days of service of such notice of default, or with respect to defaults which cannot be cured within such period, Developer fails to commence to cure the default within sixty (60) days after service of the notice of default, or thereafter fails to diligently pursue the cure of such default until completion, City may terminate Developer's rights under this Second Amendment. Upon the occurrence of a default by City, as described in subsection 13(b)(i), Developer may give written notice to City specifying the nature of such default. If City has not cured such default within (90) days of such notice, an event of default by City shall be deemed to have occurred. The occurrence of a default by City under section 13(b)(ii), above shall, at the option of Developer, and upon written notice to City, immediately constitute an event of default by City. (d) In the event a breach of this Second Amendment occurs, irreparable harm is likely to occur to the nonbreaching party and daanages may be an inadequate remedy. To the extent permitted by law, therefore, it is expressly recognized that specific enforcement of this Second Amendment is a proper and desirable remedy. (e) In no event shall either party be entitled to damages against the other party based on the other party's default under this Second Amendment. 13. Amendment or Cancellation Except as otherwise provided for herein, this Second Amendment maybe amended or canceled in whole or in part only by mutual consent of the parties, or their successors in interest, and in the manner provided in Govermnent Code Sections 65865.1, 65867, 65867.5 and 65867. 14. Enforcement Unless amended or canceled as provided in Section 14, this Second Amendment shall continue to be enforceable by any party to it, notwithstanding any change or other regulations adopted by City which alter or amend the rules, regulations or policies applicable to the Development. 15. Snnnression of Agreement by Changes in State or Federal Law or by Judicial Decision In the event that state or federal laws, ordinances, rules, policies or regulations or the laws, ordinances, rules, policies, or regulations of any other governmental or quasi - governmental entity are enacted. after the Effective Date of this Second Amendment, or the action or inaction of any other affected governmental jurisdiction or any judicial decision prevents or precludes compliance with one or more provisions of this Second Amendment, or imposes a requirement on the Development materially different than as otherwise contemplated by this Second. Amendment, or requires changes in plans, reaps or permits approved by City or changes in the development standards set forth in this Second Amendment, the parties shall: (a) Provide the other party with written notice of such restriction, together with a copy of the applicable law, rule, regulation or policy and a statement in reasonable detail setting forth the conflict of same with the provisions of this Second Amendment; and -11-