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CCP 06-15-1993
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CCP 06-15-1993
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<br />. 7.4 Remedies on Default bv citv.. Whenever any Event of <br />Default referred to in Section 7.3 occurs and is continuing, <br />the Developer, as specified below, may take anyone or more <br />of the following actions after the giving of thirty (30) <br />days written notice to the city of the Event of Default, but <br />only if the Event of Default has not been cured within said <br />thirty (30) days and the City does not provide assurances to <br />the Developer reasonably satisfactory to the Developer that <br />the Event of Default will be cured as soon as reasonably <br />possible: <br /> <br />(a) The Developer may suspend its performance under this <br />Agreement until it receives assurances from the City, <br />deemed adequate by the Developer, that the City will <br />cure its default and continue its performance under <br />this Agreement; <br /> <br />(b) The Developer may cancel and rescind the Agreement; <br /> <br />(c) The Developer may take any action in law or equity, <br />including legal or administrative action, which may <br />appear necessary or desirable to collect any payments <br />due under this Agreement, recover damages or to enforce <br />performance and observance of any obligation, <br />agreement, or covenant of the City under this <br />Agreement. <br /> <br />. 7.5 No Remedv Exclusive. No remedy herein conferred upon <br />or reserved to any party is intended to be exclusive of any <br />other available remedy or remedies, but each and every such <br />remedy shall be cumulative and shall be in addition to every <br />other remedy given under this Agreement or now or hereafter <br />existing at law or in equity or by statute. No delay or <br />omission to exercise any right or power accruing upon any <br />default shall impair any such right or power or shall be <br />construed to be a waiver thereof, but any such right and <br />power may be exercised from time to time and as often as may <br />be deemed expedient. <br /> <br />7.6 No Implied Waiver. In the event any agreement <br />contained in this Agreement should be breached by any party <br />and thereafter waived by any other party, such waiver shall <br />be limited to the particular breach so waived and shall not <br />be deemed to waive any other concurrent, previous or <br />subsequent breach hereunder. <br /> <br /> <br /> <br /> <br /> <br /> <br />. <br /> <br />12 <br /> <br /> <br /> <br /> <br />-----.-- <br />
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