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5.3. Default by the County; Developer Remedies. In the event County is in default under the terms of this Agreement, Developer shall have the right to exercise any of the following remedies: 5.3.1. To waive in its sole and absolute discretion such default as not material; 5.3.2. To pursue legal remedies provided for in Section 5.5. hereof; 5.3.3. To terminate this Agreement as provided in Section 5.7. 5.3.4. To delay or suspend Developer performance under the Existing Approvals, any Subsequent Discretionary Approvals, Applicable Law or this Agreement which is delayed or precluded by the default of County; and 5.3.5. 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 County. 5.4. Enforced Delay, Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental entities other than County, its departments, agencies, boards and commissions, enactment of conflicting State and/or Federal Laws, new or supplementary environmental regulation, litigation or similar bases for excused performance. If written notice of such delay is given to the other Party within thirty(30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. 5.5. Legal Actions; County Not Liable for Damages. In addition to any other rights or remedies, a Party may institute legal action to cure, correct or remedy any default by any other Party to this Agreement, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation hereunder. In no event shall the County, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed that the sole legal remedy available to Developer for a breach or violation of this Agreement by the County shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement. Further, in no event shall consequential damages be available against the Developer for any alleged default or breach of this Agreement. 5.6. Applicable Law and Attorneys' Fees. This Agreement shall be construed and enforced in accordance with the laws of the State of California. The Developer acknowledges and agrees that the County has approved and entered into this Agreement in the sole exercise of its legislative discretion and that the standard of review of the validity and meaning of this Agreement shall be that accorded legislative acts of the County. Should any legal action be brought by a Party for breach of this Agreement or to enforce any provision herein, the prevailing Party in such action shall be entitled to reasonable attorneys" fees, court costs and such other costs as may be fixed by the Court. For purposes of this Agreement, reasonable -33-