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5 2.6 To:pursue any other rtiedy ar actan{terntterl under the ECisting Approvals, Ordlnarices or thisgreerr�tit b{ ras�i � sa[ deft h "Tfedper',2ftict� �i 7 F F a. t 3 i s it 4UY g s 5 2 / T 4,t V 4 sled chi r eeeep S ods Imp. 1�&.44'.'.1 sF ,_r�« p , 4 $�d11 the good Earth dterr �n � r ,, y� - C r4 451""g t r i darter x property,;WtI�SLiCh� �r`"tl� circ z3.i r $..,r- f 'PV CiCClllTlStan�BS y hr JSP E 1 4 h k f l L if i Nothing hrelin shall�be' eltied,to 5ure` reIude Crc#u1 rights r x x j s + as v and reinedles,under the terms of any DeveTo ent.Permtt grarttclevptq epit ndiise of the:Propeciy, which rights and remedies slat be_ n addtlon 777 es`of County under thiis Section 5 2: 5.3. Default by the County; DevelQper,Remetlics Iri the event C4.unty is lri'default under the terms of this Agreement, Developer shall have the right to eXerctSe ally of tEie following remedies: 5.3.1. To waive in its sole and absolute.dlscretion 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, Ordinances 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, Ordinances 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 or federal laws or regulations, 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 W02-SF:FPDC 614 81145.2 —44—