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subsequent years during the Term in which the Developer is complying with this Agreement; <br /> however, any Chapter 380 Payments withheld by the City for any years during which the <br /> Developer is not complying shall be deemed forfeited by the Developer and the City shall not be <br /> liable for later payment of such Chapter 380 Payments, unless the Developer cures the default that <br /> caused the forfeiture. The sixty(60) day cure period contemplated herein shall be extended by the <br /> City upon the request of the Developer if sixty (60) days is not a reasonable time to cure the issue <br /> creating such non-compliance.Notwithstanding the foregoing,the City retains all rights available <br /> at law or in equity to enforce the clawback provisions of sections 4.04 through 4.06, including suit <br /> for injunctive relief or breach of contract,each in addition to remedies available under the Security <br /> Agreement and City Note. <br /> Section 8.02. Developer's Option to Terminate. If the City fails to budget and <br /> appropriate funds for the Chapter 380 Payments under this Agreement during any fiscal year of <br /> the City during the Term for reasons other than the Developer's non-compliance with this <br /> Agreement, then the Developer, at its option, may terminate this Agreement by providing written <br /> notice thereof to the City. If the Developer elects to terminate the Agreement under this Section, <br /> the Parties shall each be released of all further obligations under this Agreement, except that the <br /> City shall pay to the Developer any outstanding and unpaid Chapter 380 Payments properly due <br /> to the Developer prior to the date of termination for which the City has budgeted and appropriated <br /> funds during any previous fiscal year. <br /> Section 8.03. Remedies. Upon breach of any obligation or misrepresentation of facts <br /> under this Agreement,the aggrieved Party shall have, as its sole and exclusive remedy hereunder, <br /> such remedies as are set forth in this Article VIII; it being agreed that no Party shall be liable to <br /> any other Party for incidental or consequential damages. Notwithstanding the foregoing,the City, <br /> in entering into this Agreement does not waive its immunity from suit or any other limitations on <br /> 16 <br />