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which said default may be satisfactorily cured. After proper notice <br />and expiration of said thirty (30) day cure period without cure, City <br />may terminate or amend this Development Agreement in <br />accordance with the procedure adopted by the City as to all <br />defaults that may be cured within said thirty (30) day cure period. <br />For defaults that cannot be cured within said thirty (30) day cure <br />period, City may terminate or amend this Development Agreement <br />In 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 />(b) City does not waive any claim of defect in performance by Owner, if <br />on periodic review the City does not propose to modify or terminate <br />this Development Agreement. <br />(c) Non- performance shall not be excused because of failure of a third <br />person. <br />(d) An express repudiation, refusal, or renunciation of the contract, if <br />the same is In writing and signed by the Owner, shall be sufficient <br />to terminate this Development Agreement and a hearing on the <br />matter shall not be required. <br />(e) 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 />Owner. <br />(f) All other remedies at law or in equity which are not inconsistent with <br />the provisions of this Development Agreement are available to the <br />parties to pursue in the event there is a breach. <br />7.3 Damages upon Termination. In no event shall Owner be entitled to any <br />damages against City upon termination of this Development 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 agreements set <br />forth in this Development Agreement, or to enjoin any threatened or <br />attempted violation of this Development Agreement; or to obtain any <br />remedies consistent with the purpose of this Development Agreement. <br />Legal actions shall be instituted in the Superior Court of the County of <br />Orange, State of California, or in the Federal District Court in the Central <br />District of California, Southern Division, <br />8. MORTGAGEE PROTECTIONS <br />75A -81 <br />