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ART�CLE IX Events of Default Section 9.1. Events of Default Defined. The fol]owing shall be "Events of Default" under this Agreement and the term "Event of Defau�t" shal� mean, whenever it is used in this Agreement (unless the cantext otherwise provides), any failure by any party to observe or perform any eo�enant, condition, obligatiQn or agreement on its part to be observed or peF-formed under this Agreeme�t or the Land De�elopment Agreement, except a failure resulting from an Unavoidable Delay. Section 92. Remedies on Default. Whenever any E�ent af Default referred to in Sectio» 9.1 of this Agreement occurs, the non-defaulting party rnay exercise its rights under tllis Section 92 a�ter providing thirty days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured withi� said thirty ciays or, if the Event of Default is by its nature �ncurable within thirty days, the defa�Jting party does not provide assurances reasonably satisfactary to tl�e non- defaulting party that the E�ent af Default wiIl be cured a�d wil� be cured as soon as reasonabty possible: (a) S�sper�d its performance �nc�er the Agreement, inciuding withholding o�payments on ihe Note, until it receives assurances that the defaulting party will cure its default anc� continue its performance under the Agreement. {b) Upon a default by the Developer, and after failure to cure within 360 days after notice fro�n the City (notwithstanding any contrary cure period descri�ed in this Section} the City may tenninate this Agreement, the Note and t�e TIF District. {c) Take whatever action, including Iega�, equitable ar administrative aetion, which may appear necessary or desirable to callect a�y payrrEents dae under this Agreement, or to enfarce perforrnance and observance of any obligation, agreement, or covenant under this Agreement. Section 9.3. No Remed ExcIusi�e_ No remedy herEin conferred upon or reserved to tl�e Crty or Deve}oper is intended to be exctusive of any ather availa6le remedy ar remedies, but each anci every such remedy shall be cumulative and sha�l be in addition to every ot�ter remedy given under this Agreement or now or hereafter existing at �aw or in eq�ity or by statt�te. No delay or omission to exereise any ri�ht or power accruir�g upon any default shall impair a�y such right or power or shali be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. �n arder to entitle the City to exercise any remedy reserved to it, it sha11 not be necessary #o give notice, o#her than s�ch notice as may be required in this Article IX. Section 9.4. Na Additional Waiver Implied by One Waiver. In the event any agreement containec� in this Agreement should be breached by eitl�er party and thereafter waived by the other party, such waiver shall be Iimited to the �ar�icular breach so waivec� and sha�l r�ot be deemed to waive any atl�er concurrent, previous or subsequent breach hereunder. (The remainder of this page is intentianally left bla�k.) 378990v10 S3B AR2(}0-i0 2�