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VIII. PROJECT CONDITIONS <br /> <br /> Nothing herein shall lessen any obligation of Developer <br /> required as a condition of project approval. <br /> <br /> IX. DEFAULT <br /> <br /> In the event of any default in or breach of this agreement by <br />either party, such party (or successor) shall, upon written <br />notice from the other, proceed immediately to cure or remedy such <br />default or breach. In the event such default or breach is not <br />cured or remedied within sixty (60) days after receipt of such <br />notice, the aggrieved party may institute such proceedings as may <br />be necessary or desirable in its opinion to cure and remedy such <br />default or breach, including, but not limited to, proceedings to <br />compel specific performance by the party in default or breach of <br />its obligations and, in the case of the City, denial of further <br />building permits for the project site. <br /> <br />X. ATTORNEY'S FEES <br /> <br /> If either party commences an action against the other to <br />enforce or interpret this agreement, the prevailing party shall <br />be entitled to have and recover reasonable attorney's fees and <br />costs of suit from the party not prevailing. <br /> <br />XI. NOTICE <br /> <br /> Any notice of communication required or provided for under <br />this agreement shall be given in writing and sent by ordinary <br />mail, to the following address: <br /> <br /> - 6 - <br /> <br /> <br />