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(e) The City reserves the right to reasonably obtain further information, data <br />and commitments to ascertain the ability and capacity of the Developer to purchase, develop and <br />operate the Property and/or the Project. The Developer acknowledges that it may be requested to <br />make certain financial disclosures to the City, their staff, legal counsel or other consultants, as <br />part of the financial due diligence investigations of the City and relating to the potential sale of <br />the Properties and development of the Project on the Property by the Developer and that any <br />such disclosures may become public records. The City shall maintain the confidentiality of <br />financial information of the Developer to the extent allowed by law, as determined by the City <br />Attorney. Notwithstanding the foregoing, if the City receives a request for documents related to <br />this Agreement or the Project pursuant to the California Public Records Act (Govt. Code Section <br />6254 et. seq) or similar statute, and the City determine that the City has responsive documents, <br />the City shall provide Developer notice not less than three (3) days prior to releasing the <br />responsive documents to the requesting party. During this three (3) day period Developer may <br />seek a court order prohibiting the release of the documents. Any litigation or costs associated <br />with protecting documents from disclosure shall be borne solely by Developer. <br />(f) The City shall be deemed to be a Party to any agreement for the <br />acquisition of, lease of or disposition of real or personal property, the provision of financial <br />assistance to the Developer or development of the Project on the Property or elsewhere, until the <br />terms and conditions of a complete future DDA are considered and approved by the City <br />Council, in their respective sole and absolute discretion, following the conclusion of one or more <br />duly noticed public hearings, as required by law. The Developer expressly acknowledges and <br />agrees that the City will not be bound by any statement, promise or representation made by their <br />respective staff or representatives during the course of negotiations of a future DDA and that the <br />City shall only be legally bound upon the approval of a complete DDA by the City Council, in <br />their respective sole and absolute discretion, following one or more duly noticed public hearings, <br />as required by law. <br />10. Nondiscrimination. The Developer shall not discriminate against nor segregate <br />any person, or group of persons on account of race, color, creed, religion, sex, marital status, <br />handicap, national origin or ancestry in undertaking its obligations under this Agreement. <br />11. Limitation on Damages and Remedies. <br />(a) THE PARTIES ACKNOWLEDGE THAT IT IS EXTREMELY <br />DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE AMOUNT OF DAMAGES THAT <br />WOULD BE SUFFERED BY THE DEVELOPER UPON THE BREACH OF THIS <br />AGREEMENT BY THE CITY. HAVING MADE DILIGENT BUT UNSUCCESSFUL <br />ATTEMPTS TO ASCERTAIN THE ACTUAL DAMAGES THE DEVELOPER WOULD <br />SUFFER UPON THE BREACH OF THIS AGREEMENT BY ANOTHER PARTY, THE <br />PARTIES AGREE THAT A REASONABLE ESTIMATE OF THE DEVELOPER'S <br />DAMAGES IN SUCH EVENT IS THIRTY THOUSAND DOLLARS ($30,000) (THE <br />"LIQUIDATED DAMAGES AMOUNT "). THEREFORE, UPON THE BREACH OF THIS <br />AGREEMENT BY THE CITY, THE BREACHING PARTY SHALL PAY THE LIQUIDATED <br />DAMAGES AMOUNT TO THE DEVELOPER AND THIS AGREEMENT SHALL <br />TERMINATE. RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT SHALL BE THE <br />2 51 =10 <br />