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efficiency, provided, however, that the Community Development Director shall decide the acceptability of proposals received with cost being a significant, but not the sole, factor. Within thirty(30) days after a final determination of compliance or non-compliance under the provisions of this Section 4.,the Community Development Director shall provide the Developer with a final statement of the County's costs. The Developer shall promptly pay such costs as a condition to the issuance of a certificate of compliance or of otherwise proceeding under this Agreement. 4.9. Failure to Conduct Annual Review. Failure of the County to conduct an annual review shall not constitute a waiver by the County of its rights to otherwise enforce the provisions of this Agreement nor shall the Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review. Failure of the Developer to make the submission for annual review under Section 4.2. shall not constitute a default by Developer under this Agreement unless such failure continues for a period of thirty (30) days after receipt by Developer of written request from County to make such submission. SECTION 5. DEFAULT, REMEDIES, TERMINATION. 5.1. General Provisions. 5.1.1. Subject to extensions of time by mutual consent in writing, failure or unreasonable delay by any Party to perform any obligation or comply with any material term or provision of the Existing Approvals, any Subsequent Discretionary Approval or this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement,the Party alleging such default or breach shall give the other Party notice in writing specifying the nature of the default and the manner in which said default may be satisfactorily cured, and specifying that the other party shall have a reasonable period of time (not less than 30 days from the date of giving the notice) in which to correct, cure, or otherwise respond to the alleged default(the "Cure Period"). During any Cure Period, the Party charged shall not be considered in default for purposes of termination or institution of legal proceedings. 5.1.2. After notice and expiration of the Cure Period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other Party to this Agreement may at its option institute legal proceedings pursuant to this Agreement or give notice of intent to terminate this Agreement in the manner provided in Section 5.7. hereof as to the Party in default and the Property in which that Party holds an interest. Any Mortgagee of the Property or any portion thereof may cure any default on behalf of the Developer. Notices to the Developer under this Section 5.1. shall also be given concurrently to each signatory Party hereto, and to any Mortgagee of the Property or portion thereof covered by such notices provided that Developer or such Mortgagee has requested in writing that such notice be given to it and has provided the County with the name and address to which notices are to be sent as required by Section 1.5.5. hereof; and provided, further, that failure of the County to give such notice shall not waive or invalidate County's remedies hereunder provided that such notices shall be given to such Persons entitled thereto prior to the exercise of remedies affecting the interests of such Persons. -31-