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CCP 09-22-1997
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CCP 09-22-1997
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<br /> e <br /> by its nature incapable of being cured within said thirty (30) days, the Redeveloper does not <br /> provide assurances to the Authority, deemed satisfactory to the Authority in its reasonable <br /> discretion, that the Event of Default will be cured and will be cured as soon as reasonably <br /> possible: <br /> (a) Terminate this Agreement. <br /> (b) Withhold the Certificate of Completion. <br /> (c) Declare immediately due and payable by the Redeveloper the a:o:iount of the <br /> Authority's assistance which has not been recovered by the Authority from Tax Increment, which <br /> amount shall be calculated as provided in Section 5. 1 (e) of this Agreement. <br /> (d) Take whatever action, including legal, equilable or administrative action, which <br /> may appear necessary or desirable to the Authority to collect any payments due under this <br /> Agreement, or 10 enforce performance and observance of any obligation, agreement, or covenant <br /> of the Redeveloper under this Agreement. <br /> (e) If the Eveot of Default consists of the Redeveloper's failure to pay the <br /> Assessments as described in Section 6.1, the Authority may also declare due and payable the <br /> e outstanding amounl of the Assesmlents as described in Section 6.1, subject to the provisions of , <br /> Section 6.1(b). <br /> Section 9,3. No Remeily Exclu..~ive No remedy herein conferred upon or reserved to the <br /> Authority or Redeveloper is intended to be exclusive of any other available remedy or remedies, <br /> but each and every such remedy shall be cumulative and shall be in addition to every other. <br /> remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. <br /> No delay or omission to exercise any right or power accruing upon any defaull shall impair any <br /> such right or power or shall be construed to be a waiver thereof, but any such right and power <br /> may be exercised from time to time and as often as may be deemed expedient. In order to entitle <br /> the Authority or the Redeveloper to exercise any remedy reserved to iI, it shall not be necessary <br /> to give notice, other than such notice as may be required in this Article IX. 1bis Agreement shall <br /> be enforceable only by the Authority, the City, and any public body which is a successor of the <br /> Authority. <br /> Section 9.4, No Additional Waiver Implied bv One Waiver. In the event any agreement <br /> conlained in this Agreemenl should be breached by either party and thereafter waived by the <br /> other party, such waiver shall be limited to the particular breach so waived and shall not be <br /> deemed to waive any other concurrent, previous or subsequent breach hereunder. <br /> Section 9.5. ('.osls of Enmrcemenl. Whenever any Event of Default occurs and, after <br /> expiration of the applicable cure period without cure thereof, the Authority shall employ <br /> e attorneys or incur other expenses for the collection of payments due or to become due or for the <br /> enforcement of perfozmance or observance of any obligation or agreement on the part of the <br /> Redeveloper under this Agreement, the Redeveloper agrees that it shall, within thirty (30) days of <br /> 30 <br /> ~'d 6t>01. lZ6 <:19 'tj'd '3>1130 'll A3latj~a S<::Sl 1.661-61-d3S <br />
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