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Bernal Avenue Associates/City of Pleasanton Agreement <br /> October 14, 1986 <br /> Page 13 <br /> <br /> Agreement is specifically enforceable by either party. <br /> Notwithstanding anything to the contrary herein, the parties <br /> hereto recognize and acknowledge that there is a risk that <br /> circumstances may occur under which one of the parties may not <br /> be able to specifically perform its obligations pursuant to the <br /> terms of this Agreement for reasons beyond that party's <br /> control. City agrees and acknowledges that if one party cannot <br /> reasonably be required to specifically perform, then the other <br /> party's remedies will be limited to damages, amendment or <br /> termination of this Agreement. <br /> <br /> 9.4.2 pamages. Both parties recognize and agree <br /> <br />that damages are not an appropriate remedy for the party being <br />deprived of the full benefits of this Agreement and, in <br />consideration for this Agreement, waive any claim to <br />compensatory damages for breach of this Agreement, except as <br />provided herein. In the event a courtshall determine that an <br />action or course of conduct by City or Developer shall <br />constitute a willful and intentional attempt to violate <br />thisAgreement, then compensatory damages shall be available. <br />Both parties waive any claim for punitive damages and any claim <br />of personal liability against the officials, officers or agents <br />of the other party. <br /> <br />10. .AMENDMENT OR TERMINATION. <br /> <br /> 10.1 Agreement. If City and Developer mutually agree to <br /> <br />terminate or amend the terms of this Agreement, the amendment <br /> <br /> <br />