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07-26-21-R
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07-26-21-R
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7/26/2021 8:02:19 AM
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<br />216506v1 <br />to any subsequent purchasers and encumbrances of all or any part of the Subject Property and <br />all recording fees, if any, shall be paid by the Developer. <br />G. Default. The occurrence of any of the following shall be considered an “Event <br />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 Subject Property. <br />H. 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 Subject Property for that purpose. Developer shall pay all reasonable sums <br />so advanced or reasonable expenses incurred by the City, upon demand, with interest from the <br />dates of such advances or expenses at the rate of 10% per annum. No action taken by the City <br />pursuant to this section shall be deemed to relieve Developer from curing any such default to the <br />extent that it is not cured by the City or from any other default hereunder. The City shall not be <br />obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any <br />such default. Developer shall save, indemnify, and hold harmless, including reasonable attorney <br />fees, the City from any liability or other damages which may be incurred as a result of the
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