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with terms or conditions of the Agreement or PUD, the City <br />Council may terminate, amend or modify the Agreement. <br />9.3.2 Judicial Review. Review shall be by the <br />Alameda County Superior Court and shall be based upon the <br />record, and the court shall limit its review to whether the <br />determination by the City Council was supported by substantial <br />evidence. <br />9.4 Remedies. <br />9.4.1 Specific .Performance. Unless amended or <br />terminated by mutual consent of Developer and City, this <br />Agreement is specifically enforceable by either party. <br />Notwithstanding anything to the contrary hezein, 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 />9.4.2 Damages. Both parties recognize and agree <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 court shall determine that an <br />action or course of conduct by City or Developer shall <br />constitute a willful and intentional attempt to violate this <br />-12- <br />