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ARTICLE XVII <br /> DEFAULT AND REMEDIES FOR DEFAULT <br /> Section 17.01 Preventative Default Measures. City agrees that day to day oversight of the implementation of <br /> this Agreement shall at all times during its Term be assigned directly to a member of the City Administration. In <br /> the event of a dispute involving an interpretation or any other aspect of this Agreement, upon Owner's request, <br /> such City representative shall convene a meeting of the Parties as soon as reasonably practical and use all <br /> reasonable efforts to avoid processing delays and to resolve the dispute and carry out the spirit and purpose of <br /> this Agreement. <br /> Section 17.02 Default. It shall be a default under this Agreement, if one of the Parties shall fail to perform any <br /> of its obligations under this Agreement and such failure shall remain uncured following the expiration of thirty <br /> (30) days after written notice of such failure. However, in the event the default is of a nature that cannot be <br /> reasonably cured within such thirty (30) day period, the defaulting party shall notify the other party within ten <br /> (10) days of receipt of the notice of the circumstances and the amount of time needed to cure the default. If the <br /> defaulting party provides this notice,the defaulting party shall have a longer period of time as may be reasonably <br /> necessary to cure the default in question. <br /> Section 17.03 Default Unique to City. In addition, City shall be in default under this Agreement if Primary <br /> Owner submits a complete application for a proposed development permit, utility service extension, or other <br /> development approval with respect to Cotton Center that complies with the terms of this Agreement and the <br /> plicable Requirements, and, after reasonably adequate time for review and processing, the City staff <br /> seasonably withholds the approval or release of the proposed development permit, utility service extension, or <br /> development approval that City staff is authorized to approve administratively. The failure or refusal of the City <br /> Council or any board or commission of City to approve a proposed development permit,utility service extension, <br /> or other development approval with respect to Cotton Center that complies with the terms of this Agreement and <br /> the Applicable Requirements within a reasonable time after submission of a complete application shall constitute <br /> a default. The City shall also be in default if it imposes any requirements, standards, moratoria, or interim <br /> development controls upon Cotton Center that are in conflict with the express provisions of this Agreement. The <br /> City shall not, however, be in default based upon the imposition of requirements, standards, moratoria, interim <br /> development controls or temporary moratoria that are required by a State or federal law, rule, regulation or <br /> administrative directive outside of City's control and influence,or authorized by state law,or due to an emergency <br /> constituting a threat to the public health or safety, provided that any such requirement, standard, or moratorium <br /> due to an emergency will continue with respect to Cotton Center only during the duration of the emergency. <br /> Section 17.04 Remedies Between City and Primary Owner. Should any default between Primary Owner and <br /> City remain uncured after Notice to the non-defaulting party, then the non-defaulting party, whether Primary <br /> Owner or City, may pursue any remedy that is available at law or in equity at the time of the breach (with the <br /> exception of damages), including code enforcement, mandamus, injunctive relief, and/or specific performance, <br /> provided, however, City may not seek to rescind or otherwise terminate this Agreement. City may withhold <br /> further processing or acceptance of applications from Primary Owner that are related to the default by Primary <br /> Owner until the default is cured or otherwise resolved. Except as provided in Section 17.07 below, neither party <br /> may seek monetary damages against the other party. The remedies listed in this paragraph are cumulative. City <br /> -reby waives any sovereign immunity from suit for such default specific to this Agreement. <br /> 38 <br />