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5.1.3. Evidence of default may also arise in the course of a regularly scheduled periodic review of this Agreement pursuant to provisions of Section 4. hereof and the Development Agreement Regulations. If the County determines that the Developer is in default following the completion of the scheduled periodic review,the County may give the Developer written notice pursuant to this Section 5.1 specifying in said notice the alleged nature of the default and potential actions to cure said default where appropriate. If the alleged default is not cured or is not being diligently cured within the Cure Period, or the Developer waives its right to cure such alleged default, County may pursue its remedies hereunder or terminate this Agreement in the manner provided in Section 5.2. hereof. 5.2. Developer Default; County Remedies. In the event Developer is in default under the terms of this Agreement, County shall have the right to exercise any of the following remedies: 5.2.1. To waive in its sole and absolute discretion such default as not material; 5.2.2. To refuse processing of an application for, or the granting of any permit, approval or other land use entitlement for, development or construction of the Property or portion thereof owned or controlled by Developer, including but not limited to, but only to the extent required to protect the interests of the County with respect to the particular default,the withholding of grading, excavation and building permits until such time that the default is cured and the Developer is in compliance with the terms of this Agreement; 5.2.3. To pursue legal remedies provided for in Section 5.5. hereof; 5.2.4. To terminate this Agreement as provided in Section 5.7. hereof; 5.2.5. To delay or suspend County performance under the Existing Approvals, any Subsequent Discretionary Approvals or this Agreement which is delayed or precluded by the default of Developer; 5.2.6. To pursue any other remedy or action permitted under the Existing Approvals, any Subsequent Discretionary Approvals, Applicable Law or this Agreement by reason of said default of Developer; provided, however, that in no event shall consequential damages be available against Developer for any alleged default or breach of this Agreement; and 5.2.7. To cure and charge back costs to the Developer in emergency situations imposing, in the good faith determination of County, danger to the health or safety of persons or danger to property, with such prior notice to the Developer as is appropriate under the circumstances. 5.2.8. Nothing herein shall be deemed to supersede or preclude County's rights and remedies under the terms of any Development Permit granted for the development and use of the Property, which rights and remedies shall be in addition to the rights and remedies of County under this Section 5.2. -32-