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<br /> 21 <br /> <br /> <br />5.3. Remedies and Termination. <br />If, after notice and expiration of the cure periods and procedures set forth in Sections 5.1 <br />and 5.2, the alleged Event of Default is not cured, the non-defaulting Party, at its option, may <br />institute legal proceedings pursuant to Section 5.4 of this Development Agreement and/or <br />terminate this Development Agreement pursuant to Section 5.6 herein. In the event that this <br />Development Agreement is terminated pursuant to Section 5.6 herein and litigation is instituted <br />that results in a final decision that such termination was improper, then this Development <br />Agreement shall immediately be reinstated as though it had never been terminated. <br />5.4. Legal Action by Parties. <br />5.4.1. Remedies. Either Party may, in addition to any other rights or remedies, <br />institute legal action to cure, correct or remedy any default, enforce any covenant or agreement <br />herein, enjoin any threatened or attempted violation thereof, enforce by specific performance the <br />obligations and rights of the Parties hereto or to obtain any remedies consistent with the purpose <br />of this Development Agreement. All remedies shall be cumulative and not exclusive of one <br />another, and the exercise of any one or more of these remedies shall not constitute a waiver or <br />election with respect to any other available remedy. Without limiting the foregoing, Developer <br />reserves the right to challenge in court any Future Rules that would conflict with the Vested <br />Elements or the Subsequent Approvals for the Project or reduce the development rights provided <br />by the Project Approvals. <br />5.4.2. No Damages. In no event shall either Party, or its boards, commissions, <br />officers, agents or employees, be liable in damages for any default under this Development <br />Agreement, it being expressly understood and agreed that the sole legal remedy available to <br />either Party for a breach or violation of this Development Agreement by the other Party shall be <br />an action in mandamus, specific performance or other injunctive or declaratory relief to enforce <br />the provisions of this Development Agreement by the other Party, or to terminate this <br />Development Agreement. This limitation on damages shall not preclude actions by a Party to <br />enforce payments of monies or the performance of obligations requiring an obligation of money <br />from the other Party under the terms of this Development Agreement including, but not limited <br />to obligations to pay attorneys’ fees and obligations to advance monies or reimburse monies. In <br />connection with the foregoing provisions, each Party acknowledges, warrants and represents that <br />it has been fully informed with respect to, and represented by counsel of such Party’s choice in <br />connection with, the rights and remedies of such Party hereunder and the waivers herein <br />contained, and after such advice and consultation has presently and actually intended, with full <br />knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive <br />and relinquish such rights and remedies to the extent specified herein, and to rely to the extent <br />herein specified solely on the remedies provided for herein with respect to any breach of this <br />Development Agreement by the other Party.