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<br /> f shall be appointed in any proceeding brought against <br /> the Developer, and shall not be discharged within sixty <br /> (60) days after such appointment, or_if the Developer, <br /> shall consent to or acquiesce in such appointmen~. <br /> section 4.2. Remedies on Default. Whenever any Even~ of <br /> Default referred to in Section 4.1 occurs and is continuing, the <br /> city, as specified below, may take anyone or more of the <br /> following actions after the giving of thirty (30) days' written <br /> notice to the Developer, but only if the Event of Default has not <br /> been cured within said thirty (30) days: <br /> (a) The City may suspend its performance under this <br /> Agreement until it receives assurances from the Developer, <br /> deemed adequate by the city, that the Developer will cure <br /> its default and continue its performance under this <br /> Agreement. <br /> (b) The City may cancel and rescind the Agreement. <br /> (c) The city may take any action, including legal or <br /> administrative action, in law or equity, which may appear <br /> necessary or desirable to enforce performance and observance <br /> of any obligation, agreement, or covenant of the Developer <br /> under this Agreement. <br /> Section 4.3. No Remedv Exclusive. No remedy herein <br /> . conferred upon or reserved to the City is intended to be <br /> exclusive of any other available remedy or remedies, but each and <br /> every such remedy shall be cumulative and shall be in addition to <br /> every other remedy given under this Agreement or now or hereafter <br /> existing at law or in equity or by statute. No delay or omission <br /> to exercise any right or power accruing upon any default shall <br /> impair any such right or power or shall be construed to be a <br /> waiver thereof, but any such right and power may be exercised <br /> from time to time and as often as may be deemed expedient. <br /> Section 4.4. No Implied Waiver. In the event any agreement <br /> contained in this Agreement should be breached by any party and <br /> thereafter waived by any other party, such waiver shall be <br /> limited to the particular breach so waived and shall not be <br /> deemed to waive any other concurrent, previous or subsequent <br /> breach hereunder. <br /> Section 4.5. Aqreement to pav Attornev's Fees and Exoenses. <br /> Whenever any Event of Default occurs and the City shall employ <br /> attorneys or incur other expenses for the collection of payments <br /> due or to become due or for the enforcement or performance or <br /> observance of any obligation or agreement on the part of the <br /> . 18499 <br /> 11 <br />