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inducement to Developer to~execute this agreement, the City <br />hereby confirms that, provided Developer does not breach this <br />agreement, it will impose no additional Developer expenses <br />for offsite improvements, studies or services as conditions <br />to Developer's development of the project site. <br />VIII. DEFAULT <br />In the event of any default in or breach bf this agreement <br />by either party,. such party (or successor) shall, upon written <br />notice from the other, proceed immediately to cure or remedy <br />such default or breach and, in any event, within sixty (60) days <br />after receipt of such notice. In the event such default or <br />breach is not cured or remedied within said sixty (60) days <br />period, the aggrieved party may institute such proceedings <br />as may be necessary or desirable in its opinion~to.cure and <br />remedy such default or breach, including,.but riot limited to, <br />proceedings to compel specific performance by the party in <br />default or breach of its obligations and, in the case of the <br />City,. denial of further building permits for the project site, <br />IX. ATTORNEY'S FEES <br />If either party commences an action against the other to <br />enforce or interpret this ,agreement, the prevailing party shall <br />be entitled to have and recover reasonable attorney's fees and <br />costs of suit from the party not prevailing. <br />X . ItOTICE <br />Any notice or communication required or provided for under <br />" this agreement shall be given in trriting and sent by ordinary <br />mail to the following address: <br />-6- <br />_ :_y~. <br />