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10. Owner's Liability I 10.1 Should Owner fail to timely or substantially comply with anyone or more of the requirements, obligations, duties, terms, conditions or warranties of this Agreement such failure shall be an Act of Default by Owner and, if not cured and corrected within ninety (90) days after written notice to do so, City as its sole remedies, may cease making any further economic payments pursuant to this Agreement and/or shall have the right to draw down on any fiscal posted by Owner for the Public Improvements through any agreement with the City (e.g. plat, site development permit, etc.). 10.2 In the event of unforeseeable third party delays or Force Majeure and upon a reasonable showing by Owner that it has immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal or abatement of such delays by using its diligent, good faith efforts, City may consent to and excuse any such delays, which consent and excuse shall not be unreasonably withheld. 10.3 Any delay for any amount of time by City in providing notice of Default to Owner shall in no event be deemed or constitute a waiver of such Default by City of any of its rights and remedies available in law or in equity. 10.4 Any waiver granted by City to Owner of an Act of Default shall not be deemed or constitute a waiver of any other 11. City's Liability Limitations I Should City fail to timely or substantially comply with anyone or more of the requirements, obligations, duties, terms, conditions or warranties ofthis Agreement, such failures shall be an Act of Default by City and City shall have ninety (90) days to cure and remove the Default upon receipt of written notice to do so from Owner. Owner specifically agrees that City shall only be liable to Owner for the amount of the money grants it is required to convey to Owner and shall not be liable to Owner for any alleged or actual consequential damages. It is further specifically agreed that City shall only be required to pay the grant amounts solely out of the increased Ad Valorem Tax Revenues on this Project. 12. Miscellaneous Provisions 12.1 Chanees in Law. If, during the Term of this Agreement, State law applicable to ad valorem taxes changes and, as a result, the Chapter 380 Payments differ from the amount which would have been paid to Owner under the laws in effect as of the Effective Date, then the City, in its sole discretion, may adjust the Chapter 380 Payments utilizing whatever discretionary taxes and revenues are legally available to the City to be allocated to the Chapter 380 Payments. I The foregoing does not require the City to use funds from sources which are not within the 8