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ARTICLE 3 <br />DEFAULTS AND REMEDIES <br />Default <br />If either Party defaults with regard to any provision of this Inclusionary Housing <br />Agreement, the non -defaulting Party shall serve written notice of such default <br />upon the defaulting Party. If, after the service of written notice of such default, <br />the defaulting Party does not cure such default within thirty (30) calendar days <br />after service of the notice of default (or, if such cure reasonably takes longer than <br />thirty (30) days, if such cure has not been commenced within the thirty (30) day <br />period or is not diligently completed within a reasonable time, not to exceed an <br />additional sixty (60) calendar days), the defaulting Party shall be in Default of the <br />terms of this Inclusionary Housing Agreement, and shall be liable to the other <br />Party for damages caused by such Default. Alternatively, the non -defaulting <br />Party, at its option, may institute an action for specific performance of the terms <br />of this Inclusionary Housing Agreement. <br />II. Legal Actions <br />In the event of a breach or potential breach of program requirements, in addition <br />to any other rights or remedies, either Party may institute legal action to cure, <br />correct or remedy any Default, to recover damages for any Default, or to obtain <br />any other remedy consistent with the purposes of this Inclusionary Housing <br />Agreement. <br />II -A. The City's actions may include, but are not limited to, the following: <br />1. The following legal actions: <br />a. Actions to enforce compliance with the program requirements and <br />to enjoin any actions by the Developer that violate program <br />requirements; <br />b. Actions to disapprove, revoke or suspend any permit, including a <br />Building Permit, Certificate of Occupancy or other discretionary <br />approval; <br />Inclusionary Housing Agreement - In -Lieu Fee Payment Page 9 <br />City of Santa Ana <br />