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Notwithstanding the foregoing, the city acknowledges that the Project constitutes M a 127 unit independent senior living unit housing facility and a 91 unit assisted senior living housing facility, (ii) a 57 room motel and (iii) a 36 unit a1zheimer' s facility or a facility permitted by the planned unit development for the Development Property with a market value of not less than the market value proposed for the alzheimer's facility. In the event that there is an Event of Default under Section 4 .1 (a) , (b) , (c) or (d) , the city agrees to exercise its remedies with respect to that portion of the Project and the portion of the Dote that relates to the portion of the Project that is in default. Section 4 .3 . 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 4 .4 . 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 4 . 5 . Aareement to Pay Attorney' s - Fees and enses Whenever any went of Default occurs and the city shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. Section 4 . 6 . Indemnification of Cily. (1) The Developer releases from and covenants and agrees that the city, its governing body members, officers, agents, including the independent contractorso consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively the "Indemnified Parties") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting f rom any def ect in the Proj ect, provided that the VS to v4+ 05/20/98 1