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cure an actual default or noncompliance; provided, however, in the event that the <br /> default is curable but due to the nature of the default or noncompliance,such default <br /> or noncompliance cannot be cured within the City Cure Period, so long as the City <br /> initiates reasonable steps to remedy and continuously and diligently uses all <br /> reasonable efforts to cure such default or noncompliance promptly and notifies SiFi <br /> of the steps being taken and the projected date that they will be completed,the City <br /> Cure Period shall be extended for a reasonable amount of time to permit such cure <br /> but not to exceed ninety(90) days from the City's receipt of a SiFi Breach Notice <br /> (the"Extended City Cure Period");provided further,however,no Extended City <br /> Cure Period shall apply to a Permit Issuance Breach. <br /> 8.2.2 SiFi Ri!hts and Remedies. If the City fails to cure any actual noncompliance or <br /> default as provided in Section 8.2.1(ii) above within the applicable City Cure Period, SiFi <br /> may: <br /> (i)seek specific performance of any provision of this Agreement which lends itself <br /> to such remedy as an alternative to money damages; <br /> (ii) seek money damages from the City; or <br /> (iii)in the event of the breach of,noncompliance with or default under any material <br /> term of this Agreement, terminate this Agreement and seek any and all rights and <br /> remedies available to it at law or in equity. <br /> 8.3 Additional Rights to Terminate. <br /> 8.3.1 At any time prior to commencing Construction or in the event the City fails to <br /> comply with the requirements of the Agreement, SiFi shall have the immediate right, at its <br /> option, upon written notice to the City to terminate this Agreement and shall be entitled to <br /> any and all other rights and remedies available to it at law or in equity. <br /> 8.3.2 A Party shall have the right,at its option,upon notice to the other Party to terminate <br /> this Agreement if the other Party becomes(i) insolvent, admits in writing its inability to pay <br /> its debts as they mature,makes an assignment for the benefit of creditors,or becomes subject <br /> to direct control of a trustee,receiver or similar authority, or(ii) subject to any bankruptcy or <br /> insolvency proceeding under federal, state or foreign statutes which is not rescinded or <br /> dismissed within thirty(30)days. <br /> 8.4 Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF THE <br /> CITY'S CONFIDENTIALITY OBLIGATIONS UNDER SECTION 5.3, IN NO EVENT WILL <br /> EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, <br /> CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES OF <br /> ANY KIND OR NATURE WHATSOEVER, INCLUDING ANY LOST SAVINGS OR HARM <br /> TO BUSINESS. EACH PARTY HEREBY RELEASES THE OTHER PARTY AND ITS <br /> AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, <br /> MEMBERS,EQUITY AND DEBT HOLDERS,PARTNERS,EMPLOYEES,CONTRACTORS <br /> Page 24 of 33 <br />