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(f) To City's knowledge, the execution and delivery of this Agreement and all other documents to be executed by City pursuant to this Agreement will not constitute or result in any default or event that with notice or the lapse of time, or both, would be a default, breach, or violation of any other agreement, instrument, or arrangement by which City is bound. (g) To City's knowledge, the execution and delivery of this Agreement and all other documents to be executed by City pursuant to this Agreement and the consummation of the transactions contemplated herein will not violate any provision of or require any consent, authorization, or approval under any law or administrative regulation or any other order, award, judgment, writ, injunction or decree applicable to, or any governmental permit or license issued to City. ARTICLE 14. DEFAULTS AND REMEDIES Section 14.1 Defaults—General. Subject to the extensions of time set forth in Section 15.4 failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. If either party defaults with regard to any of the provisions of this Agreement, the non-defaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured or commenced to be cured by the defaulting party within thirty(30) days after service of the notice of default (or within such other period as is set forth herein), the non-defaulting party shall be entitled to pursue whatever remedies to which such party is entitled under this Agreement. Section 14.2 Predevelopment Fee. If the City is in default under this Agreement and the Developer elects to terminate this Agreement pursuant to Section 14.1 (a "Termination Event"), City agrees to reimburse reasonable predevelopment expenses incurred by Developer. In addition, if any Termination Event occurs the City shall pay the Developer a Predevelopment Fee of$4800 for each month this Agreement is in effect for the performance of the predevelopment activities. Section 14.3 Legal Actions. (a) Specific Performance. The non-defaulting party, upon expiration of applicable notice and cure periods, shall be permitted, but not obligated, to commence an action for specific performance of the terms of this Agreement, or to cure, correct or remedy any default hereunder or to obtain any other legal or equitable remedy consistent with the purpose of this Agreement. (b) Institution of Legal Actions; Attorney's Fees. Any legal actions must be instituted in the State of California, or in the Federal District Court in the Northern District of California. In the event of any litigation between the parties hereto, the prevailing party shall be entitled to receive, in addition to the relief granted, its reasonable attorney's fees and costs and such other costs incurred in investigating the action and prosecuting the same, including costs for expert witnesses, costs on appeal, and for discovery. 29 191\52\1242198.13