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or enjoyment of the Property nor shall Developer itself or any person claiming under or <br />through him establish or permit any such practice or practices of discrimination or <br />segregation with reference to the selection, location, number, use or occupancy of tenants, <br />lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall <br />run with the land and shall remain in effect for the term of the Agreement, <br />8, DEFAULTS AND REMEDIES <br />8.1 Event of Default. Failure or delay by either party to perform any tern of provision of <br />this Agreement within the time periods provided herein for such performance constitutes a <br />default under the Agreement. If any party defaults in perfornance of its obligations, <br />covenants or agreements hereunder, the defaulting party shall be entitled to cure the default <br />in accordance with this section, The injured party shall give written notice of default to the <br />party in default, specifying the default complained of by the injti ted party. Delay in giving <br />such notice shall not constitute a waiver of any default nor shall it change the time of <br />default. The defaulting party must, within thirty (30) days following service of said written <br />notice, commence to cure, correct or remedy such failure or delay and shall complete such <br />cure, correction, or remedy with reasonable diligence. Upon a default by Developer which <br />is not cured within thirty (30) days following service of said notice, unless such default <br />cannot reasonably be cured within thirty (30) days, in which case Developer shall have such <br />additional time as reasonably necessary to complete such cure but no more than ninety (90) <br />days, the City shall have the right to terminate this Agreement by delivery of written notice <br />of termination to Developer, <br />8.2 Institution of Legal Actions. In addition to any other rights or remedies, either party <br />may institute legal action to cure, correct or remedy any default to recover damages for any <br />default, or to obtain any other remedy consistent with the purpose of this Agreement, <br />8.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies <br />expressly declared to be exclusive in this Agreement, the rights and remedies of the parties <br />are cumulative and the exercise by either party of one or more of such rights or remedies <br />shall not preclude the exercise by it, at the same or different times, of any other rights or <br />remedies for the same default or any other default by the other party. <br />8.4 Damages. In the event that the City is liable for damages to Developer, such liability <br />shall not exceed costs incurred by the Developer in the performance of this Agreement and <br />shall not extend to compensation for loss of future income, profits or assets; provided, <br />however, Developer's only remedy for any breach of this Agreement by the City shall be an <br />action for specific performance of such party's obligations. <br />8.5 N_onrecourse Liability. Neither Developer, nor any partner of Developer, shall have <br />any personal liability under this Agreement, or the attached Note and Deed of Trust, and any <br />judgment, decree or order for the payment of money obtained in any action to enforce the <br />obligation of Developer to repay the loan evidenced by such documents shall be enforceable <br />against Developer only to the extent of Developer's interest in the Property. <br />17 <br />25C -21 <br />