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16 <br /> Section 14.2. Remedies on Default. Whenever any Event of Default referred to in this <br />Agreement occurs, the City may take any one or more of the following actions after provision of <br />thirty (30) days written notice to the Developer by the City of the Event of Default, but only if the <br />Event of Default has not been cured within said thirty (30) days or, if the Event of Default cannot <br />be cured within thirty (30) days, the Developer does not provide assurances to the City reasonably <br />satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: <br /> <br /> (a) Withhold the Certificate of Completion. <br /> <br /> (b) Refuse to issue building permits to any property within the plat until such <br />time as such default has been inspected and corrected to the satisfaction of the City. <br /> <br /> (c) Perform the work of the Developer and the Developer shall promptly <br />reimburse the City for any expense incurred by the City within thirty (30) days. Failure <br />to do so shall result in the City withholding any cash deposit, certified check, letter of <br />credit, or any other form of Performance Guarantee of the Developer. <br /> <br /> (d) Take whatever action, including legal or administrative action, which may <br />appear necessary or desirable to the City to enforce performance and observance of any <br />obligation, agreement, or covenant of the Developer under this Agreement and shall be <br />entitled to collect any and all expenses incurred by the City in connection therewith, including, <br />but not limited to, engineering, legal, planning and litigation costs and expense to the extent <br />the City is the prevailing party in any such action. <br /> <br /> Section 14.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the <br />City is intended to be exclusive of any other available remedy or remedies, but each and every <br />such remedy shall be cumulative and shall be in addition to every other remedy given under this <br />Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to <br />exercise any right or power accruing upon any default shall impair any such right or power or shall <br />be construed to be a waiver thereof, but any such right or power may be exercised from time to <br />time and as often as may be deemed expedient. <br /> <br /> Section 14.4. No Additional Waiver Implied by One Waiver. In the event any agreement <br />should be breached by Developer and thereafter waived by the City, such waiver shall be limited <br />to the particular breach so waived and shall not be deemed to waive any other concurrent, previous <br />or subsequent breach hereunder. <br /> <br />ARTICLE XV <br /> <br />Additional Provisions <br /> <br /> Section 15.1. Incorporation by Reference. All City approved plans, special provisions, <br />proposals, specifications and contracts for the improvements furnished and let pursuant to this <br />Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out <br />herein. <br /> <br />Commented [AR4]: The 25% penalty language has been <br />removed.