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determines, on the basis of substantial evidence , that the <br /> Developer and/or any successor in interest thereto has not <br /> complied in good faith with terms or conditions of the <br /> Agreement or PUD, the City Council may terminate or modify <br /> the Agreement. <br /> 6.4 Remedies. <br /> 6 .4. 1 Specific Performance . Unless amended or <br /> terminated in accordance with the terms of this Ayree- <br /> ment, this Agreement is specifically enforceable by <br /> either party. Notwithstanding anything to the contrary <br /> herein, the parties hereto recognize and acknowledge <br /> that there is a risk that circumstances may occur under <br /> which one of the parties may not be able to specifically <br /> perform its obligations pursuant to the terms of this <br /> Agreement for reasons beyond that party' s control. City <br /> agrees and acknowledges that if one party cannot reason- <br /> ably be required to specifically perform, then the other <br /> party's remedies will be limited to damages, amendment <br /> or termination of this Agreement. <br /> 6 .4.2 Damages. Both parties recognize and agree <br /> that damages are not an appropriate remedy for the party <br /> hero deprived of the full benefits of this Agreement <br /> and, in consideration for this Agreement, waive any <br /> claim to compensatory damages for breach of this Agree- <br /> ment, except as provided herein. In the event a court <br /> shall determine that an action or course of conduct by <br /> 16 . <br />