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Port Gardner Bay Outfall Replacement Agreement <br /> reasonably necessary to effect the cure. If the default is material and the defaulting <br /> Participant does not or cannot cure the default in a timely manner(or if attempts to cure <br /> would be futile), then the non-defaulting Participant may elect either to continue or to <br /> terminate this Agreement. If the non-defaulting Participant elects to continue: (a) the <br /> defaulting Participant shall convey such interests and perform such acts as are reasonably <br /> necessary to allow the non-defaulting Participant to complete and operate the Joint Use <br /> Facilities; (b)the Participants agree that this Agreement may be specifically enforced; and <br /> (c) the non-defaulting Participant shall be entitled to such other remedies at law or in <br /> equity as may be appropriate. If the non-defaulting Participant elects to terminate,then <br /> the non-defaulting Participant shall be entitled such legal and equitable remedies as are <br /> appropriate and just. <br /> 13.3 Limitation of Liability <br /> The Participants shall not be liable to each other for any loss, liability or damage arising <br /> out of or related to this Agreement(whether arising under contract, tort, strict liability or <br /> other legal theories)where such loss, liability or damage exceeds one million dollars <br /> ($1,000,000); provided, however, that this limitation of liability does not apply to (a) a <br /> breach by the City in failing to pay amounts due and owing hereunder, (b) K-C's <br /> abandonment or express repudiation during construction or wrongful termination, or (c) <br /> third party claims against either Participant for bodily injury or property damage. IN NO <br /> EVENT SHALL EITHER PARTICIPANT BE LIABLE FOR INCIDENTAL OR <br /> CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT OR THE <br /> 30 of 46 <br />