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s,�-.�,�� <br /> b. The covenants and restrictions in favor of the City and/or the <br /> Agency contained herein shall be burdens upon Parcel A, shall run with and for the <br /> benefit of Parcel B, and shall be binding upon the successors and assigns of the <br /> Developer in accordance with California Civil Code Section 1468. Upon acceptance of <br /> an interest in Parcel A, each owner of all or any portion of, or any interest in Parcel A <br /> shall be deemed to have assumed the duties of the Developer hereunder. <br /> Section 11. Limitations on Persons Who Can Enforce. Notwithstanding any <br /> other provision of this Agreement, the parties each hereby acknowledge and agree that no <br /> tenant, occupant, or any other person or entity except the parties to this Agreement shall <br /> have the right to enforce any easement or other rights or interests created under this <br /> Agreement; provided, however, that if any person or entity succeeds to all or any portion <br /> of a party's interest in or to Parcel A or Parcel B, as applicable, then such person or entity <br /> shall be entitled to enforce such easement, rights and interests. It is agreed that the City <br /> may enforce any rights hereunder granted to the Agency and the Agency may enforce any <br /> rights hereunder granted to the City. <br /> Section 12. Default and Enforcement. In the event of a default by any party to <br /> this Agreement, or any successor to any party, the non-defaulting party may give notice <br /> in accordance with the provisions of this Agreement specifying the nature of the default, <br /> and if said default is not cured within thirty (30) days, or if a longer time is reasonably <br /> required to cure said default then if the cure is not commenced and diligently pursued to <br /> completion, then the non-defaulting party may pursue any remedy available at law or <br /> equity against the defaulting party, including, without limitation, specific performance <br /> and/or injunctive relief. <br /> Section 13. Miscellaneous Provisions <br /> a. Amendment - This Agreement may be amended only by a writing <br /> executed by the owners of both Parcel A and Parcel B, and only after approval thereof by <br /> the legislative bodies of the City and the Agency if either of them holds an interest in <br /> either Parcel. <br /> b. Waiver - No failure of a party to insist upon the strict performance <br /> of any obligation created hereunder or to exercise any right, power or remedy available <br /> upon a breach hereof, shall constitute a waiver of any such breach of such term, covenant <br /> or condition, and all waivers shall be in writing and signed by the person or entities <br /> against whom such waiver is sought to be enforced. No waiver of any term, covenant or <br /> condition for the benefit of the Developer's easements shall be valid unless waived by the <br /> Developer or its successor. No waiver of any term, covenant or condition for the benefit <br /> of the City's easements shall be valid unless waived by the City or its successor. No <br /> waiver of any breach shall affect or alter this Agreement, and each term, covenant or <br /> condition hereof shall remain in full force and effect with respect to any other then <br /> existing or subsequent breach thereof. The consent of any party given in any instance <br /> REDW\0002\007-6.DOC <br /> 6\t 6\04 400 law <br /> �2 <br />