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unless the written consent of the City Council is first obtained, and any <br />transfer or assignment of the rights under this Development Agreement <br />shall include in writing the assumption of the duties, obligations, and <br />liabilities arising from this Development Agreement, if the City grants <br />written consent to transfer the rights. Nor shall the rights of the Owner <br />hereunder be subject to assignment by attachment, execution, or <br />proceedings under any provision of the Bankruptcy Act, and any such <br />assignment or transfer of the rights under this Development Agreement <br />shall be wholly void and of no force and effect unless such written consent <br />thereto be obtained from the City Council. A transfer or assignment of the <br />rights under this Development Agreement without the consent of the City <br />Council shall not relieve Owner of any accrued duty, obligation or liability <br />to City, No consent shall be required for sale of units to condominium unit <br />buyers.. <br />During the term of this Development Agreement, any approved assignee <br />or transferee of the rights under this Development Agreement shall <br />observe and perform all of the duties and obligations of Owner contained <br />In this Development Agreement as such duties and obligations pertain to <br />the portion of the Property transferred or assigned. Any and all approved <br />successors and assignees of Owner shall have all of the same rights, <br />benefits, duties, obligations, and liabilities of Owner under this <br />Development Agreement. If the Property is subdivided, any subdivided <br />parcel may be sold, mortgaged, hypothecated, assigned, or transferred <br />to persons for development by them in accordance with the provisions of <br />this Development Agreement. Upon assignment or transfer of the rights of <br />Owner under this Development Agreement, the obligations of Owner and <br />the transferee or assignee shall be joint and several. Should the Project <br />be developed as or later converted to condominiums, individual <br />condominium unit buyers shall not have any liability or obligation pursuant <br />to this Development Agreement. <br />4.3 Amendment or Cancellation of Development Agreement. This <br />Development Agreement may be amended from time to time or cancelled <br />by the mutual consent of the Parties, but only in the manner required by <br />Government Code Section 65868.. <br />4.4 Enforcement. Notwithstanding Government Code Section 65865.4, this <br />Development Agreement is enforceable by either Party in any manner <br />provided by law. The remedies provided in Section 7.4 shall not include, <br />and City shall not be liable for, any action in damages or any costs or <br />attorney's fees resulting from any dispute, controversy, action or inaction, <br />or any legal proceeding arising out of this Development Agreement. <br />4.5 indemnification by Owner. Owner agrees to and shall indemnify, defend <br />(through its own counsel) and hold City, its officers, agents, employees, <br />consultants, and representatives harmless from liability for damages, <br />75A -71 <br />