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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. <br /> 21 <br />