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or violation of this Agreement by the County shall lie a legal action tz andamsx sptiftc �' ;F 4 J d' F 7 t S 7 1 perforinatice or other �n�unctive or declaratory�ehto ecrforc�ee pr�aviscns of ththAeeent: , i 3 � J iC 5 6 A_ppltcable Law andRV A torncYs'EMJ, o enfo�ed in accordance whhithe laws of the to er ta� g and ag3rees that-h- Count ltas approv d>ar deo t i a e �� o ."5 'x` ` f +... its- oVre - s 4 b 7 f r Y •Y� ( { �,r �ZF` Agreernent,shali be that accorded legtslative;acs ofhgtSr, houd' egal aetic�n be brou t b a:Part for breach o f flus A etri t or o f"rce; y.,,.. Y en j x Q. AS AS 0n regia tlr pret+ titled to req d'ey ,'"' e ,� urt�cstNand such other:eoss.as maybe fixed by the Court For pupose�oftsAgreerrtet, raspndble attorn6ys" fees of tl}e County Counsel's Office siiatl be based,oi cQmpa e.fees aif pi�vate attorneys practicing in the County of Sanoaqutn iJ .f 5.7. Events and Manner of Termination.:'-Becat se of-t.,a substak iaU , .1 air a of botl .. , 4 Developer and County on the provisions of this Agreement to rmpl8rr►tinting:=the Master:Plan and development of the Property pursuant to the Existing Approvals and flus Agreement,both. Developer and County desire to avoid termination ofthis" Agreement when other appropriate remedies or procedures to resolve disputes or problems exist Prior to-termination,County and Developer will confer with the objective of attempting-to arrive.at.a mutually acceptable alternative to termination, which substantially advances the objectives.of:both.in entering.into this Agreement. Accordingly, this Agreement may be terminated by a Party only under the following circumstances and subject to the following conditions: 5.7.1. By expiration of its term or by termination by the County, as provided in Section 1.5. hereof-, 5.7.2. Pursuant to Section 1.6. hereof; 5.7.3. Pursuant to Section 1.11. hereof; r 5.7.4. Pursuant to Sections 4.4, 4.5 and 4.6 hereof; 5.7.5. By operation of Section 5.8. hereof; 5.7.6. By operation of Section 5.9. hereof-, 5.7.7. By a material default hereunder by a Party for which the nondefaulting 1 Party in the good faith exercise of its judgment determines that other remedies hereunder are inadequate or not available to correct such default or provide substantial relief to the nondefaulting Party; provided, however, that the nondefaulting Party desiring to terminate this Agreement shall first give written notice to the defaulting Party of its intent to terminate this Agreement/the matter shall be scheduled for consideration and review by the Board of Supervisors of County within sixty{60} days alter such notice of intent to terminate is delivered to the defaulting Party, and if the default is not then resolved to the mutual satisfaction of the W02-sr:r M61481 ta5 2 -45- t