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notice of its intention to do so, in the manner set forth in Sections 65867 and
<br /> 65868 of the Development Agreement Statute. The costs incurred by City in
<br /> connection with the Periodic Review process described herein shall be
<br /> shared equally by the Developers and City.
<br /> (d) Written Notice of Compliance. With respect to any year for which SPA or a
<br /> Developer has been determined or deemed to have complied with this
<br /> Agreement, City shall, within 30 days following request by SPA or a
<br /> Developer, provide a written notice of compliance, in recordable form, duly
<br /> executed and acknowledged by City. SPA or Developer shall have the right,
<br /> in its sole discretion, to record such notice of compliance.
<br /> Section 10.04. Default by City, SPA or a Developer. In the event City, SPA or a
<br /> Developer defaults under the terms of this Agreement, City, SPA or Developer
<br /> shall have all rights and remedies provided herein or under law.
<br /> Section 10.05. Enforced Delay; Extension of Time of Performance. In addition to
<br /> other provisions of this Agreement relating to other types of delay, neither SPA,
<br /> nor City, nor a Developer shall be deemed to be in default where delays in
<br /> performance or failures to perform are due to, and a necessary outcome of, war,
<br /> terrorism, insurrection, strikes or other labor disturbances, walk-outs, riots,
<br /> floods, earthquakes, fires, casualties, acts of God, restrictions imposed or
<br /> mandated by other governmental entities (including new or supplemental
<br /> environmental regulations), enactment of conflicting state or federal laws or
<br /> regulations,judicial decisions, or similar basis for excused performance which is
<br /> not within the reasonable control of the party to be excused. Litigation attacking
<br /> the validity of this Agreement or any of the Project Approvals or Subsequent
<br /> Approvals, or any permit, ordinance, entitlement or other action of a
<br /> governmental agency other than City necessary for the development of the
<br /> Staples Ranch Project pursuant to this Agreement, or SPA's or a Developer's
<br /> inability to obtain materials, power or public facilities (such as water or sewer
<br /> service) to the Staples Ranch Project, shall be deemed to create an excusable
<br /> delay as to SPA or such Developer. Upon the request of either party hereto, an
<br /> extension of time for the performance of any obligation whose performance has
<br /> been so prevented or delayed will be memorialized in writing. The term of any
<br /> such extension shall be equal to the period of the excusable delay, or longer, as
<br /> may be mutually agreed upon.
<br /> Section 10.06. Legal Action. City, SPA or a Developer may, in addition to any other
<br /> rights or remedies, institute legal action to cure, correct, or remedy any default,
<br /> enforce any covenant or agreement herein, enjoin any threatened or attempted
<br /> violation thereof, recover damages for any default, enforce by specific
<br /> performance the obligations and rights of the parties hereto, or obtain any
<br /> remedies consistent with the purpose of this Agreement.
<br /> Section 10.07. California Law. This Agreement shall be construed and enforced in
<br /> accordance with the laws of the State of California.
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