Common use of Developer’s Remedies Clause in Contracts

Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve the City's default pursuant to the nonbinding mediation described in Section 4.2 Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages or any monetary damages other than actual out-of-pocket costs.

Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve the City's default pursuant to the nonbinding mediation described in Section 4.2 Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages or any monetary damages other than actual out-of-pocket costsdamages.