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[kit 5.1.2. After notice and thirty-(30){ ) daYexpiration of the . period, if such default has P Y 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 1.6.5. 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. `-' 5.1.3. Evidence of default may also arise in the course of a regularly y gul y 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 Elf 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 thirty(3 0) days or within such longer period specified in the notice, 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 an permit, _ Y 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 project 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 asrovided in Section 5.7.hereof, , 5.2.5. To delay or suspend County performance under the Existing Approvals or this Agreement which is delayed or precluded by the default of Developer; T W02-SFIM61481145.2 -43- i