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ARTICLE IX Events of Default Section 9.1. Events of Default De�nEd. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shal� mean, whenever it is used in this Agreement {unless tt�e context otherwise provides}, a�ty faiiure 6y any party to observe or periarm any cavenant, conditian, obligation or agreerr�ent an its part to be observecf or performed under this Agreernent or the Land Development Agreement, except a fail�re resulting from an llnavoidable Delay. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.l of this Aga-eement accurs, the non-defaulting party may exercise its rights under #his Secti�n 92 after prov�ding thirty days written notice to the defaulting party of the Event of Default, but only if the Event of Default has �qt bee� cured withi� said thirty days or, if ti�e Event of Defa�it is by its na�ure i�curable within thirty days, the c�efa�lting party does not provide assurances reasonably satisfactory to the non- defaulting party that the Event of Default will be cured and will be cured as saon as reasonably possible: (a) Suspend its performance €�nder the Agreement, including withl�olding of pay�nents on �he Nate, until it receives assurances that the defaulting party will cure its default and continue its performance under the Agreerraent. (b) Upon a default by the Developer, and after failure ta cure within 360 days after notice from the City {i�otwithstanding any contrary cure perio� described ir� ihis Section) the City may terminate this Agreement, the Note a�d the T1F Drstrict_ (c} Take whatever action, including legal, ey€�itable or administrative action, which may appear necessary or desirabie to collect ar�y payments due �nder this Agreerrient, or ta enforce performance and observa��ce of any obligatior�, agreement, or covenant under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or Developer is intended to be exclusive of ar�y ather available remedy or remedies, but each and every such remedy shal] be cumulati�e and shall be in addition to every otl�er remet�y given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission ta exercise any right o� power accruing upon any defa�lt shall impair any stach rtght or pawer ar shall be construed to be a waiver thereof, but any such right and power rrtay be exercised from time to time and as often as may be deemed expedient. In order to entitle the City ta exercise any remedy reserved to it, it shall not be necessary to give notice, otherthan sucn notice as inay be req�ired in this Article IX. 5ection 9.4. No Additional Wai�er im�lied by .One Waiver. In the event any agreement contained in this Agreement should be breaehed by e�ther party and thereafter waived by ihe other party, such wai�er shall be �imited to the particular breach so wai�ed and shal[ not be deemed to waive any other cancurrent, previous ar subsequent breach hereunder. (The re�nainder of this page is intentionally left blank.) 25