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VII. PROJECT CONDITIONS <br />Nothing herein shall lessen any obligation of Developer <br />required as a condition of project approval. As a further <br />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 for <br />off-site improvements, studies or services as conditions to <br />Developer's development of the project site. <br />VIII. DEFAULT <br />In the event of any default in or breach of this agreement <br />by either party, such party (or successor) shall, upon written <br />notice from the other, proceed immediately to cure or remedy such <br />default or breach and, in any event, within sixty (60) days after <br />receipt of such notice. In the event such default or breach is <br />not cured or remedied within said sixty (60) days period, the <br />aggrieved party may institute such proceedings as may be necessary <br />or desirable in its opinion to cure and remedy such default or <br />breach, including, but not limited to, proceedings to compel <br />specific performance by the party in default or breach of its <br />obligations and, in the case of the City, denial of further <br />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. NOTICE <br />Any notice or communication required or provided for under <br />this agreement shall be given in writing and sent by certified <br />-6- <br />