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5.2.6. To pursue any other remedy or action permitted under the Existing Approvals, Ordinances or this Agreement by reason of said default of Developer; and 5.2.7. To cure and charge back costs to the Developer in emergency situations g Y 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. 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, 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:FPD\61481145.2 -44-