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07-29-13-R
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07-29-13-R
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legal council and shall not be strictly extrude for or against any party. Each party agrees that any <br />action arising out of or in connection with this Agreement shall be brought solely in the courts of <br />the State of Minnesota, Second Judicial District, or the United States District Court for the <br />District of Minnesota. <br />10.EVENT OF DEFAULT <br /> . The occurrence of any of the following shall be <br />: <br /> <br />1.Failure of the Developer to comply with any of the terms and conditions <br />contained in this Agreement; and <br /> <br />2.Failure of the Developer to comply with any applicable ordinance or <br />statute with respect to the development of the Property. <br />11.REMEDIES <br /> . Upon the occurrence of an event of default, the City, in addition to <br />any other remedy which may be available to it, shall be permitted to do any of the following: <br /> <br />1.City may make advances or take other steps to cure the default, and, <br />where necessary, enter the Property for that purpose. The Developer shall <br />pay all sums so advanced, or expenses incurred by the City, upon demand, <br />with interest from the dates of such advances or expenses at the rate of <br />10% per annum or the maximum amount permitted by law if less than <br />10%. If no action taken by the City pursuant to this section shall be <br />deemed to relieve the Developer from curing any such defaults to the <br />extent that it is not cured by the City or from any other default hereunder. <br />The City shall not be obligated, by virtue of the existence or exercise of <br />this right, to perform any such act or cure any such default. The <br />Developer shall save, indemnify, and hold harmless, including reasonable <br />s fees, the City from liability or other damages which may be <br />section. <br /> <br />2.Obtain an order from a Court of Competent Jurisdiction requiring the <br />Developer to specifically perform its obligations pursuant to the terms and <br />provisions of this Agreement. <br /> <br />3.Exercise any other remedies which may be available to it, including an <br />action for damages. <br /> <br />4.Withhold the issuance of any building permits and/or prohibit the <br />occupancy of all building which permits have been issued. <br />168952 <br />
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