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<br /> i <br /> 6.3 Failure of Periodic Review. Cityrs failure to review at least annually <br /> Owners compliance with the terms and conditions of this Agreement shall not constitute or be <br /> asserted by any party as a breach of the Agreement by Owner or City. <br /> 7. DEFAULT. <br /> 7.I Events of Default. Property Owner is in default under this Agreement <br /> upon the happening of one or more of the following events or conditions: <br /> (1) If a warranty, representation, or statement made or furnished by <br /> Property Owner to the City is false or proves to have been false is any material respect when it <br /> was made; <br /> (2) A fmding and determination made by the City following a periodic <br /> review under the procedure provided for in Government Code Section 65865.1 that upon the <br /> basis of substantial evidence the Property Owner has not complied in good faith with one or <br /> more of the terms or conditions of this Agreement; <br /> (3) Failure to comply in good faith with Governmental Requirements; <br /> (4) Any other event, condition, act, or omission which materially <br /> interferes with the intent and objectives of this Agreement. <br /> 7.2 Procedure upon Default. <br /> (1) Upon the occurrence of default, City shall give Property Owner <br /> (the "defaulting party's ninety (90) days written notice specifying the nature of the alleged <br /> default and, when appropriate, the manner in which said default maybe satisfactorily cured. <br /> ARer proper notice and expiration of said ninety (90) day cure period without cure, City may <br /> terminate or amend this Agreement in arcordance with the procedure adopted by the City as to <br /> all defaults that maybe cured within said ninety (90) day cure period. For defaults that cannot <br /> be cured within said ninety (90) day cure period, City may terminate or amend this Agreement in <br /> accordance with the procedure adopted by the City should at any time following said ninety (90) <br /> day period Owner fail to diligently proceed in curing the default. Failure or delay in giving <br /> notice of default shall not constitute a waiver of any default, nor shall it change the time of <br /> default. <br /> (2) City does not waive any claim of defect in performance by <br /> Property Owner, if on periodic review the City does not propose to modify or terminate this <br /> Agreement. <br /> (3) Non-performance shall not be excused because of a failure of a <br /> third person. <br /> 12 <br /> <br />