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: � 99 10637 � to Landlord pursuant to Article 9 (Payment of Costs) of this Development Agreement or Article 3 (Annual Rent) of the Ground Lease all costs and attorney's fees incurred by it in the performance of Landlord's obligations hereunder. ' 9.7 Notwithstanding anything in this Development Agreement to the contrary, Tenant shall not be required to pay any costs or fees associated with, or incurred in development of, Phase 2 of the Shopping Center following completion of development of the Phase 1 Site Work. 10. Default. 10.1 A party shall be deemed to be in default of this Development Agreement only upon the expiration of ten (10) days from receipt of written notice from the other party specifying the particulars in which such party has failed to perform the obligations of this Development Agreement unless such party, prior to the expiration of said ten (10) day period, has rectified the particulars specified in said notice. However, such party shall not be deemed to be in default if such failure (except the failure to pay money) cannot be rectified within said ten (10) day period and such party is using good faith and its best efforts to rectify the particulars specified in the notice of default. 10.2 Should Landlord default in the commencement or completion of any of the Site Work or provision of the insurance or performance and labor and material payment bonds described in Article 7 (Insurance) of this Development Agreement, Tenant may commence or complete all or any portion of the Site Work in any commercially reasonable manner in accordance with the Construction Documents and provide the insurance and performance and labor and material payment bonds and shall have all rights of reimbursement, collection and contribution set forth in Article 9 (Payment of Costs) of this Development Agreement without liability for any costs incurred by Landlord, its agents, contractors, subcontractors or employees for any work performed by Tenant subsequent to the date of default. Tenant shall also have the right to deduct from amounts otherwise due and payable to Landlord pursuant to this Development Agreement any costs incurred by Tenant to perform Landlord's obligations under this Development Agreement. 10.3 The failure of a party to insist upon strict performance of any of the terms, covenants, conditions or agreements contained herein shall not be deemed a waiver of any rights or remedies that said party may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the terms, covenants, conditions or agreements contained herein by the other party hereto. 10.4 In addition to the remedies set forth in this Development Agreement, each party shall have all other remedies provided by law or in the Ground Lease to the same extent as 14