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05-11-15-R
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05-11-15-R
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5/13/2015 10:17:37 AM
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K. Remedies. Upon the occurrence of any 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 />1. City may make advances or take other steps to cure the default, and, where <br />necessary, enter the Property for that purpose. Arden Plaza shall pay all <br />sums so advanced or expenses incurred by the City, upon demand, with <br />interest from the dates of such advances or expenses at the rate of 10 <br />percent per annum. No action taken by the City pursuant to this section <br />shall be deemed to relieve Arden Plaza from curing any such default 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. Arden Plaza <br />shall save, indemnify, and hold harmless, including reasonable attorney <br />fees, the City from any liability or other damages which may be incurred <br />as a result of the exercise of the City's rights pursuant to this section. <br /> <br />2. Obtain an Order from a Court of competent jurisdiction requiring Arden <br />Plaza 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 or all building permits and/or prohibit the <br />occupancy of all building(s) for which permits have been issued. <br /> <br />5. In addition to the remedies and amounts payable as set forth herein, upon <br />the occurrence of an Event of Default, Arden Plaza shall pay to the City <br />all fees and expenses, including reasonable attorney, engineering and <br />consulting fees, incurred by the City as a result of the Event of Default, <br />whether or not a lawsuit or other action is formally taken. <br /> <br />IN WITNESS WHEREOF, the above-named parties have caused this Agreement to be <br />executed as of the date and year first above written. <br /> <br /> <br /> <br />[Remainder of page intentionally left blank. <br />Signatures on next page.] <br /> <br /> <br />181284v2 9
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