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by the defaulting Party shall be deemed to have occurred. In the event of a breach of this <br />Agreement, the sole and exclusive remedy of the Party who is not in default shall be to terminate <br />this Agreement by serving written notice of termination on the Party in breach and, in the case of <br />a breach by the City, the Developer shall also be entitled to receive the Liquidated Damages <br />Amount. <br />13. Compliance with Law. The Developer acknowledges that any future DDA, if <br />approved by the City Council, will require the Developer to, among other things, carry out the <br />development of the Project in conformity with all applicable laws, including all applicable <br />building, planning and zoning laws, environmental laws, safety laws and federal and state labor <br />and wage laws. <br />14. Press Releases. The Developer agrees to obtain the approval of the City Manager <br />in function of any press releases Developer may propose relating to the lease or development of <br />the Property or negotiation of a DDA with the City prior to publication. <br />15. Notice. All notices required under this Agreement shall be presented (A) in <br />person, (B) by a reputable same -day or overnight delivery service, or (C) facsimile and <br />confirmed by first class certified or registered United States Mail, with return receipt requested, <br />to the address and /or fax number for the Party set forth in this Section. Notice shall be deemed <br />confirmed by United States Mail effective the third (3rd) business day after deposit with the <br />United States Postal Service. Notice by personal service or reputable same -day or overnight <br />delivery service shall be effective upon delivery. Either Party may change its address for receipt <br />of notices by notifying the other Parties in writing. Delivery of notices to courtesy copy <br />recipients shall not be required for valid notice to a Party. <br />TO DEVELOPER: Caribou Industries, Inc. <br />Michael Harrah <br />President <br />1103 N. Broadway <br />Santa Ana, CA 92701 <br />(T) (714) 543 -9484 <br />(F) (714) 534 -9972 <br />TO CITY: The City of Santa Ana <br />Hassan Haghani <br />Executive Director <br />Planning and Building Agency <br />20 Civic Center Plaza (M -20) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />25JA 3 <br />