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First Amended and Restated Der prn.M Agreement in <br />accordance with the procedure adopted by the City should at any <br />time Owner fail to diligently proceed in curing the default. Failure or <br />delay in giving notice of default shall not constitute a waiver of any <br />default, nor shall it change the time of default. <br />JW (City does not waive any claim of defect in performance by <br />Property-Owner, if on periodic review the City does not propose to <br />modify or terminate this Rm -Am_n_d_ .e_d and Restated <br />Development Agreement. <br />W (3-yNon-performance shall not be excused because of a-failure of a <br />third person. <br />Ld) (4)-An express repudiation, refusal, or renunciation of the contract, <br />if the same is in writing and signed by the Property-Owner, shall be <br />sufficient to terminate this First Amended -and Resorted <br />Development Agreement and a hearing on the matter shall not be <br />required. <br />(2) (-&)-Adoption of a law or other governmental activity making <br />performance by the Owner unprofitable or more difficult or more <br />expensive does not excuse the performance of the obligation by the <br />Property-Owner. <br />(&YAII other remedies at law or in equity which are not inconsistent <br />with the provisions of this First Amended and Restated <br />Revell i ent Agreement are available to the parties to pursue in <br />the event there is a breach. <br />7.3 Damages upon Termination. In no event shall Property-Owner be <br />entitled to any damages against City upon termination of this Fir <br />Amended and ResUted DeyelopmWt Agreement. <br />7.4 Institution of Legal Action. In addition to any other rights or remedies, <br />either party may institute legal action to cure, correct, or remedy any <br />default or breach, to specifically enforce any covenants or <br />Agreernentsagreements set forth in thethis First Amended and Restated <br />Development Agreement, or to enjoin any threatened or attempted <br />violation of the#}?i First =Amended . and Re-Wte-d Development <br />Agreement; or to obtain any remedies consistent with the purpose of <br />thethl? First Amended and Restated DeyeLpment Agreement. Legal <br />actions shall be instituted in the Superior Court of the County of Orange, <br />040 K7619VI2141-55,44883205: 22- <br />75A-78