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--------~------ ------ ------ ---~----- -- ---------------- (180) days and the City does not provide assurances to the Developer reasonably satisfactory to the Developer that the Event of Default will be cured as soon as reasonably possible. (i) The Developer may terminate this Agreement. (ii) The Developer may draw upon any guarantee or security provided to the Developer pursuant to any of the terms of this Agreement according to its terms. (iii) The Developer may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement or to enforce performance and observance of any obligation, agreement, or covenant of the City under this Agreement. J Section 9.6. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 9.7. No Implied Waiver. In the event any agreement contained in this Agreement should.be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.8. Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and a non-defaulting party shall employ attorneys or incur other reasonable expenses for enforcing its rights or performance or observance of any obligation or agreement herein contained, the defaulting party agrees that it shall, on demand therefore, pay to the non- defaulting party the reasonable fees of such attorneys and such other reasonable expenses so incurred by the non-defaulting party. ARTICLE X ADDffiONAL PROVISIONS Section. 10.1. (Intentionally Omitted.) Section 10.2. Conflicts of Interest. No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Minimum Improvements, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests' of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, 29 --- --- - -- --- - --~------~ - - --- -----