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recognize and acknowledge that there is a risk that circum- <br /> stances may occur under which one of the parties may not be <br /> able to specifically perform its obligations pursuant to the <br /> terms of this Agreement for reasons beyond that party's con- <br /> trol. City agrees and acknowledges that if one party cannot <br /> reasonably be required to specifically perform, then the <br /> other party' s remedies will be limited to damages, amendment <br /> or termination of this Agreement. <br /> 9.4. 2 Damages. Both parties recognize and agree that <br /> damages are not an appropriate remedy for the party being <br /> deprived of the full benefits of this Agreement and, in <br /> consideration for this Agreement, waive any claim to compen- <br /> satory damages for breach of this Agreement, except as <br /> provided herein. In the event a court shall determine that <br /> an action or course of conduct by City or Developer shall <br /> constitute a willful and intentional attempt to violate this <br /> Agreement, then compensatory damages shall be available. <br /> Both parties waive any claim for punitive damages and any <br /> claim ut personal liability against the officials, officers <br /> or agents of the other party. <br /> 10_ AMRNfMR.NT OR TERMTNATTON. <br /> 10. 1 Agreement. If City and Developer mutually agree to <br /> terminate or amend the terms of this Agreement, the amend- <br /> ment or termination shall be accomplished in the manner <br /> 14. <br />