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by law or expressly required pursuant to the City Documents, exercise one or more of the following remedies: (a) Seek specific performance to enforce the terms of the City Documents; (b) Pursue any and all other remedies available under this Agreement, under the City Documents, or under law or equity to enforce the terms of the City Documents and City's rights thereunder. 9.5 Developer's Remedies Upon an Event of City Default. Upon the occurrence of an City Event of Default, in addition to pursuing any other remedy allowed at law or in equity or otherwise provided in this Agreement, Developer may bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and /or enjoining, abating, or preventing any violation of such terms and conditions, and /or seeking to obtain any other remedy consistent with the purpose of this Agreement, and may pursue any and all other remedies available under this Agreement or under law or equity to enforce the terms of the City Documents and Developer's rights thereunder. 9.6 Remedies Cumulative, No Consequential Damages. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different time, of any other rights or remedies for the same or any other default by the other Party. Notwithstanding anything to the contrary set forth herein, a Party's right to recover damages in the event of a default shall be limited to actual damages and shall exclude consequential damages. 9.7 Inaction Not a Waiver of Default. No failure or delay by either Party in asserting any of its rights and remedies as to any default shall operate as a waiver of such default or of any such rights or remedies, nor deprive either Party of its rights to institute and maintain any action or proceeding which it may deem necessary to protect, assert or enforce any such rights or remedies in the same or any subsequent default. 9.8 Right of Reverter. If following conveyance of the Property to Developer, Developer (i) fails to begin construction of the Project within the time specified in Section 4.6 as such date may be extended pursuant to the terms hereof, (ii) subject to force majeure, abandons or suspends construction work on the Project for a period of ninety (90) days after written notice from City, (iii) fails to complete construction of the Project by the time specified in Section 4.6 as such date may be extended pursuant to the terms of this Agreement, or (iv) directly or indirectly, voluntarily or involuntarily Transfers the Property or this Agreement in violation of Article VII, the City may deliver a written notice to Developer of City's intention to exercise its rights under this Section 9.8 Following receipt of such notice, if Developer fails to remedy the condition giving rise to the right of reverter within thirty (30) days, the City may re -enter and take possession of the Property or any portion thereof with all improvements thereon without payment or compensation to Developer, and revest in the City the estate theretofore conveyed to the Developer. The interest created pursuant to this Section 9.8 shall be a "power of termination" as defined in California Civil Code Section 885.010, and shall be separate and distinct from the City's option to purchase the Property under the same or similar conditions 1875524.3 29