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<br />{00149157 12} 28. <br />Owner’s Property and (ii) Owner or a successor developer of a portion of the Owner’s Property <br />assumes the obligations of Developer hereunder pursuant to an assumption agreement acceptable <br />to the City in its reasonable discretion, Owner or such successor developer shall not be deemed <br />in default hereunder as a result of any then-uncured or future default by Developer. In addition, <br />the City shall not condition the issuance or granting of any permit, approval or consent requested <br />by Owner or a successor developer with respect to any portion of the Owner’s Property on the <br />curing by Developer of any then-existing default by Developer hereunder. <br /> <br />13.12 Developer’s Remedies Upon Default <br /> <br />If the City defaults in the performance of any of its obligations under this Master <br />Agreement, the Developer shall give the City notice of such default and the City shall have 30 <br />days to cure the default. If the City, after the notice to it by the Developer, does not cure the <br />default within such 30 day period, or such longer period as may be necessary if the default may <br />not reasonably be cured within such 30 day period, provided curative work has substantially <br />within 30 days of receipt of actual notice from Developer and City is exercising reasonable <br />diligence in pursuing cure of default, the Developer may avail itself of any remedies afforded by <br />law and any of the following non-exclusive remedies: <br /> <br />a. the Developer may specifically enforce this Master Agreement, including without <br />limitations the use of temporary restraining orders, temporary injunctions and <br />permanent injunctions; <br /> <br />b. the Developer may suspend its performance under this Master Agreement until it <br />receives assurances from the City, deemed adequate by the Developer at its sole <br />discretion, that the City will cure its default and continue performance under this <br />Master Agreement; <br /> <br />c. the Developer may terminate or cancel and rescind this Master Agreement and <br />terminate and recover any Financial Guarantees held by the City; and <br /> <br />d. if the City’s default is the failure to perform one or more of its monetary <br />obligations under this Master Agreement, the Developer may commence an action <br />against the City for monetary damages. <br /> <br />13.13 Amendments <br /> <br />Any amendment to this Master Agreement shall be in writing and signed by all parties. <br /> <br />13.14 Disclaimer of Relationship <br /> <br />Nothing in this Master Agreement nor any act by the City or the Developer or Owner <br />shall be deemed or construed by the Developer or by any third party as creating any relationship <br />of third-party beneficiary, principal/agent, limited or general partner or joint venture between the <br />Developer and Owner and the City. <br />