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06-12-17-R
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06-12-17-R
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6 <br />192567v3 <br />be strictly extrude for or against any party. Each party agrees that any action arising out of or in <br />connection with this Agreement shall be brought solely in the courts of the State of Minnesota, <br />Second Judicial District, or the United States District Court for the District of Minnesota. <br />9. EVENT OF DEFAULT. The occurrence of any of the following shall be considered <br />an “Event of Default” in the terms and conditions contained in this Agreement: <br />1. Failure of Developer to comply with any of the terms and conditions <br />contained in this Agreement if Developer fails to correct such failure within thirty (30) days after <br />receiving written notice of such failure from the City, or if such failure cannot be reasonably <br />cured within such thirty (30) day period, then the failure of the Developer to promptly commence <br />the correction of such failure or to complete the correction of such failure within a reasonable <br />period of time. <br />2. The failure of Developer to comply with any applicable ordinance or <br />statute with respect to the development of the Property. <br />10. REMEDIES. Upon the occurrence of an Event of Default, the City, in addition to any <br />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. CSM shall pay all sums so advanced, or expenses <br />incurred by the City, upon demand, with interest from the dates of such advances or expenses at <br />the rate of ten percent (10%) per annum or the maximum amount permitted by law if less than <br />ten percent (10%). If no action taken by the City pursuant to this section shall be deemed to <br />relieve CSM from curing any such defaults to the extent that it is not cured by the City or from <br />any other default hereunder. The City shall not be obligated, by virtue of the existence or <br />exercise of this right, to perform any such act or cure any such default. CSM shall save,
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