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18. Amendments. <br /> <br />This Agreement may be amended by mutual consent of all parties, confirmed by <br />ordinance of City's City Council, at a public hearing for which notice has been given in <br />accordance with Government Code Section 65867. <br /> <br />19. Events of Default; Remedies; Termination; Attorneys' Fees. <br /> (a) Subject to any extensions of time by mutual consent in writing, and subject <br /> to the provisions of this Agreement regarding permitted delays and other delays, <br /> any failure by any party to perform any material term or provision of this <br /> Agreement shall constitute an Event of Default if: <br /> (i) The defaulting party does not cure the failure within 30 days following <br /> written notice of default from the other party, where the failure can be cured <br /> within the 30 day period; or <br /> (ii) The defaulting party does not commence substantial efforts to cure the <br /> failure within that 30 day period where the failure cannot be cured within that 30 <br /> day period, and thereafter does not proceed diligently to cure the failure. <br /> (c) Any notice of default must specify in detail the nature of the failure to <br /> perform, which the noticing party claims constitutes the Event of Default and the <br /> manner in which the Event of Default can be satisfactorily cured. While a party is <br /> attempting to perform within the time periods specified in this Section for cure of <br /> a failure to perform, the party charged with failure to perform is not in default for <br /> purposes of termination of this Agreement, institution of legal proceedings with <br /> respect thereto, or issuance of any Approvals with respect to the Project. <br /> <br /> -13- <br />opfer0408 <br />FXS:dr <br />02/04/02R, 02/12/02R, 04/08/02R <br /> <br /> <br />