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readopt this Agreement, the Project Approvals, and any Subsequent Approvals <br /> that the Deficiencies related to, as follows, unless City and SPA mutually agree <br /> in writing to act otherwise: <br /> (a) If any Judgment requires reconsideration or consideration by City of this <br /> Agreement, a Project Approval, or a Subsequent Approval, then City shall <br /> consider or reconsider that matter in a manner consistent with the intent of <br /> this Agreement. If any such Judgment invalidates or otherwise makes <br /> ineffective all or any portion of this Agreement, a Project Approval, or a <br /> Subsequent Approval, then City and SPA and/or the Developers so affected <br /> shall cooperate and shall cure any Deficiencies identified in the Judgment or <br /> upon which the Judgment is based in a manner consistent with the intent of <br /> this Agreement. City shall then readopt or reenact this Agreement, any <br /> Project Approval, Subsequent Approval, or any portion thereof, to which the <br /> Deficiencies related. <br /> (b) Acting in a manner consistent with the intent of this Agreement includes, but <br /> is not limited to: (i) recognizing that the parties intend that Developers may <br /> develop the Staples Ranch Project; and (ii) adopting such ordinances, <br /> resolutions, and other enactments as are necessary to readopt or reenact all <br /> or any portion of this Agreement, Project Approvals, and/or Subsequent <br /> Approvals without contravening the Judgment. <br /> ARTICLE 10. DEFAULT; REMEDIES; TERMINATION <br /> Section 10.01. Defaults. Any failure by City, SPA or a Developer to perform any <br /> term or provision of this Agreement, which failure continues uncured for a period <br /> of 30 days following written notice ("Default Notice") of such failure from <br /> another party (unless such period is extended by mutual written consent between <br /> the noticing party and the noticed party), shall constitute a default under this <br /> Agreement. A Default Notice may be given only by the obligee of the covenant <br /> or covenants of this Agreement that have been breached. A Default Notice shall <br /> specify the nature of the alleged failure and, where appropriate, the manner in <br /> which said failure satisfactorily may be cured. If the nature of the alleged failure <br /> is such that it cannot reasonably be cured within such 30-day period, then the <br /> commencement of the cure within such time period, and the diligent prosecution <br /> to completion of the cure thereafter, shall be deemed to be a cure within such 30- <br /> day period. Upon the occurrence of a default under this Agreement, a non- <br /> defaulting party may institute legal proceedings to enforce the terms of this <br /> Agreement or, in the event of a material default, terminate this Agreement <br /> insofar as it relates to the defaulting party. If the default is cured, then no default <br /> shall exist and the noticing party shall take no further action. <br /> Section 10.02. Termination. If City elects to consider terminating this Agreement as <br /> to SPA or any particular Developer due to a material default of SPA or such <br /> Developer, then City shall give a notice of intent to terminate this Agreement <br /> insofar as it applies to the noticed party and the matter shall be scheduled for <br /> 25 <br />