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i 6.3 Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by any party as a breach of the Agreement by Owner or City. 7. DEFAULT. 7.1 Events of Default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (1) If a warranty,representation,or statement made or furnished by Property Owner to the City is false or proves to have been false in any material respect when it was made; (2) A finding and determination made by the City following a periodic review under the procedure provided for in Government Code Section 65865.1 that upon the basis of substantial evidence the Property Owner has not complied in good faith with one or more of the terms or conditions of this Agreement; (3) Failure to comply in good faith with Governmental Requirements, (4) Any other event,condition,act,or omission which materially interferes with the intent and objectives of this Agreement. 7.2 Procedure upon Default. (1) Upon the occurrence of default,City shall give Property Owner (the"defaulting party l ninety(90)days written notice specifying the nature of the alleged default and,when appropriate, the manner in which said default may be satisfactorily cured. After proper notice and expiration of said ninety(90)day cure period without cure,City may terminate or amend this Agreement in accordance with the procedure adopted by the City as to all defaults that may be cured within said ninety(90) day cure period. For defaults that cannot be cured within said ninety(90) day cure period,City may terminate or amend this Agreement in accordance with the procedure adopted by the City should at any time following said ninety(90) day period Owner fail to diligently proceed in curing the default. Failure or delay in giving notice of default shall not constitute a waiver of any default,nor shall it change the time of default. (2) City does not waive any claim of defect in performance by Property Owner, if on periodic review the City does not propose to modify or terminate this Agreement. (3) Non-performance shall not be excused because of a failure of a third person. 12