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within thirty(30)days,thirty(30) days to commence the curative action and <br /> a reasonable additional period to diligently pursue the curative action to <br /> completion. <br /> b. Dispute Resolution. If any default is not cured within the curative period <br /> specified above, the Parties agree to use good faith, reasonable efforts to <br /> resolve any dispute among them by agreement, including engaging in <br /> mediation or other non-binding alternative dispute resolution methods, <br /> before initiating any lawsuit to enforce their respective rights under this <br /> Agreement. The Parties will share the costs of any mediation equally. <br /> c. Other Legal or Equitable Remedies. If the Parties are unable to resolve their <br /> dispute through mediation, a non-defaulting Party shall have the right to <br /> enforce the terms and provisions of this Agreement by a suit seeking <br /> specific performance or any other legal or equitable relief to which the non- <br /> defaulting Party may be entitled. Any remedy or relief described in this <br /> Agreement shall be cumulative of, and in addition to, any other remedies <br /> and relief available to such Party. <br /> d. Default Related to Regulatory Requirements. No Party shall be deemed to <br /> be in non-compliance with a Regulatory Requirement until the Party: (i) it <br /> has received written notice of non-compliance from either a Party or any <br /> federal, state or local agency or government; (ii) has failed to commence <br /> corrective measures within thirty (30) days of receipt of such notice from a <br /> Party or within the time frame specified in such notice from a federal, state <br /> or local agency or government; and (iii) fails to pursue completion of the <br /> corrective measures with commercially reasonable diligence. <br /> e. Default Related to Temporary Interruptions in Service. For the avoidance <br /> of doubt, the City shall not be in default as to any obligation to provide <br /> continuous and adequate service to the Developers arising from any <br /> temporary interruptions in service: (i) due to repair, maintenance or <br /> replacement of Facilities or parts of Facilities; (ii) due to system failures that <br /> are caused by design or construction defects, age, unexpected damage to <br /> the Facilities, weather events or natural phenomena, provided the City <br /> promptly pursues remedial measures to fix such system failures; or (iii) <br /> necessary to come into compliance with a Regulatory Requirement. <br /> VII. MISCELLANEOUS <br /> 1. Invalidity of LUE Fees. If the payment obligations for LUE Fees to be paid to the <br /> City pursuant to the Payment Schedule are determined to be void, illegal, or <br /> Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R <br /> Page 22 of 47 <br />