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ARTICLE VIII <br /> DEFAULT, TERMINATION AND REMEDIES <br /> Section 8.01. Default and Termination. If the Developer is not in compliance with this <br /> Agreement and such non-compliance continues without cure for a period of ten(10) days after the <br /> City's written notice thereof to the Developer, then the City may, in its sole discretion, withhold <br /> Grant Payments that would otherwise be due to Developer for the year during which the <br /> noncompliance occurred or terminate the Agreement by providing written notice thereof to <br /> Developer. If the City elects to withhold Grant Payments for any such non-compliance, the City <br /> shall nevertheless continue Grant Payments for any subsequent years during the Term in which <br /> the Developer is complying with this Agreement; however, any Grant Payments withheld by the <br /> City for any years during which Developer is not complying shall be deemed forfeited by the <br /> Developer and the City shall not be liable for later payment of such Grant Payments. For the <br /> avoidance of doubt,the conditions set forth in Article III of this Agreement are only conditions to <br /> the City's obligation to make the Grant Payments hereunder, and nothing in this Agreement or <br /> otherwise shall grant or be deemed to grant the City any right to seek specific performance or other <br /> equitable relief or damages from Developer. The City's sole remedy for any failure of the <br /> conditions set forth in Article III hereof to be satisfied is to withhold Grant Payments pursuant to <br /> this Section 8.01. <br /> Section 8.02. Remedies. Upon breach of any obligation or misrepresentation of facts <br /> under this Agreement, in addition to any other remedies expressly set forth in this Agreement with <br /> respect to such breach or misrepresentation, the aggrieved party shall have such remedies as are <br /> available in law or equity for breach of contract; provided, however, that no party shall be liable <br /> to any other party for lost profits, or incidental or consequential damages. Notwithstanding the <br /> foregoing, the City, in entering into this Agreement does not waive its immunity from suit or any <br /> 13 <br />