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Emt_,Ame —ndQd and Restated D9y_vJ9,2i er 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 />tW (2) -City does not waive any claim of defect in performance by <br />Property- Owner, it on periodic review the City does not propose to <br />modify or terminate this jdQd= . td_.- .ftsfttost <br />[tv_olQpmen Agreement. <br />c. O-Non- performance shall not be excused because of a- failure of a <br />third person. <br />fd) (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 Amen and Re t e <br />DAYI fpm -ent Agreement and a hearing on the matter shall not be <br />required. <br />(9 (fi)— 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 />Q (6)-AII other remedies at law or in equity which are not inconsistent <br />with the provisions of this First Arnended__aResiate-d <br />QvjjI— Qaxte1... 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 Ehirst <br />Am Meta d_Re5jggd QgXq oRmend 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 />Agreemerrtsagreements set forth in fhethis First_Amended and ResWd <br />0#XqLopBPA Agreement, or to enjoin any threatened or attempted <br />violation of theihisFim Amended and Restated Develop tgtestpt <br />Agreement; or to obtain any remedies consistent with the purpose of <br />thettis�ir�t� mended and Restated Development Agreement. Legal <br />actions shall be instituted in the Superior Court of the County of Orange, <br />659024LZ612412171) 3SW 3205. -22- <br />75A -78 <br />