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• • <br />circumstances 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 control.. <br />City and Developer agree and acknowledge that if one party cannot <br />reasonably be required to specifically perform, then the other <br />party's remedies will be limited to damages, amendment or <br />termination of this Agreement. <br />11.2 Damages. Bath 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 compensatory <br />damages for breach of this Agreement, except as provided herein. <br />In the event a court shall determine that an action or course of <br />conduct by City or Developer shall constitute a willful and <br />intentional attempt to violate this Agreement, then compensatory <br />damages shall be available. Both parties waive any claim for <br />punitive damages and any claim of personal liability against the <br />officials of the other party. <br />12. Amendment. This Agreement may be amended or canceled in <br />whole or in part only by mutual consent. The amendment shall be <br />written. <br />13. Escrow. Upon request of Developer and after exercise of <br />Developer's or Developer's assignee's or vendee's option to <br />purchase and/or purchase of Parcel B, Developer and the City <br />shall commence to exchange parcels through escrow. The City <br />shall provide a quitclaim deed far Parcel A and for a 20' public <br />- 7 - <br />