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shall otherwise continue to perform their obligations hereunder, to the maximum extent <br /> practicable in light of the disputed matter and pending its resolution or formal termination of the <br /> Agreement as provided herein. <br /> (d) City will continue to process in good faith development applications relating to <br /> the Property during any cure period, but need not approve any such application if it relates to a <br /> proposal on the Property with respect to which there is an alleged default hereunder. <br /> (e) In the event either Party is in default under the terms of this Agreement, the non- <br /> defaulting Party may elect, in its sole and absolute discretion, to pursue any of the following <br /> courses of action: (i) waive such default; (ii)pursue administrative remedies, and/or (iii) pursue <br /> judicial remedies. <br /> (f) Except as otherwise specifically stated in this Agreement, either Party may, in <br /> addition to any other rights or remedies that it may have available in law or equity, institute legal <br /> action to cure, correct, or remedy any default by the other Party to this Agreement, to enforce <br /> any covenant or agreement herein, or to enjoin any threatened or attempted violation hereunder <br /> or to seek specific performance. For purposes of instituting a legal action under this Agreement, <br /> any City Council determination under this Agreement as it relates to an alleged default hereunder <br /> shall be deemed a final agency action. <br /> (g) The Parties hereby acknowledge that money damages are excluded as an available <br /> remedy. The Parties further acknowledge that the City would not have entered into this <br /> Agreement if doing so would subject it to the risk of incurring liability in money damages, either <br /> for breach of this Agreement, anticipatory breach, repudiation of the Agreement, or for any <br /> actions with respect to its negotiation, preparation, implementation or application. The Parties <br /> further acknowledge that money damages and remedies at law generally are inadequate, and <br /> specific performance is the most appropriate remedy for the enforcement of this Agreement and <br /> should be available to all Parties for the following reasons: <br /> (i) Due to the size, nature, and scope of the project, it may not be practical or <br /> possible to restore the property to its original condition once implementation of this <br /> Agreement has begun. After such implementation, developer may be foreclosed from <br /> other choices it may have had to utilize the property or portions thereof <br /> (ii) Developer has invested significant time and resources and performed <br /> extensive planning and processing of the project in agreeing to the terms of this <br /> Agreement and will be investing even more significant time and resources in <br /> implementing the project in reliance upon the terms of this Agreement, and it is not <br /> possible to determine the sum of money which would adequately compensate developer <br /> for such efforts. <br /> (h) Therefore, the Parties hereby acknowledge and agree that it is a material part of <br /> Developer's consideration to City that City shall not be at any risk whatsoever to liability for <br /> money damages relating to or arising from this Agreement, and except for non-damages <br /> remedies, including the remedy of specific performance, Developer, on the one hand, and the <br /> 13 <br />