Laserfiche WebLink
<br />215189v1A <br />11. REMEDIES. 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 />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 />attorney’s fees, the City from liability or other damages which may be <br />incurred as a result of the exercise of the City’s rights pursuant to this <br />section. <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 />3. Exercise any other remedies which may be available to it, including an <br />action for damages. <br />4. Withhold the issuance of any building permits and/or prohibit the <br />occupancy of all building which permits have been issued. <br />5. In addition to the remedies and amounts payable as set forth herein, upon <br />the occurrence of an event of default, the Developer shall pay the City all <br />fees and expenses, including reasonable attorneys fees, engineering and <br />consultant fees incurred by the City as a result of an event of default, <br />whether or not a lawsuit or action is formally undertaking. <br />IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to <br />be executed as of the date and year first above written. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />[Remainder of page intentionally left blank. <br />Signature pages follow.]