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<br />(d) <br />thereof; or <br /> <br />there is, in violation of Article VII of this Agreement, any transfer of the Property or any part <br /> <br />(e) the GMMHC fails to comply with any of its covenants under this Agreement, then the CITY shall <br />have the right upon 30 days written notice to GMMHC and the GMMHC's failure to cure within such 30 day period <br />to re-enter and take possession of the Property and to terminate and revest in the CITY the interest of the GMMHC <br />in the Property; provided, however, that such revestiture of title shall be subject to the lien of any prior encumbrance <br />pennitted under this Agreement. <br /> <br />Section 7.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the CITY is <br />intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be <br />cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at <br />law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall <br />impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be <br />exercised from time to time and as often as may be deemed expedient. In order to entitle the CITY or the GMMHC <br />to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be <br />required in this Article VIII. <br /> <br />Section 7.5 No Additional Waiver Implied by One Waiver. In the event of the occurrence of any Event <br />of Default by either party, which Event of Default is thereafter waived by the other party, such waiver shall be <br />limited to the particular Event of Default so waived and shall not be deemed to waive any other concurrent, previous <br />or subsequent Event of Default. <br /> <br />ARTICLE vm. <br /> <br />ADDITIONAL PROVISIONS <br /> <br />Section 8.1. Conflict of Interests; Representatives Not Individually Liable. No CITY or City officer <br />who is authorized to take part in any manner in making this Agreement in his or her official capacity shall <br />voluntarily have a personal fmancial interest in this Agreement or benefit financially there from. No member, <br />official, or employee of the CITY or City shall be personally liable to the GMMHC, or any successor in interest, for <br />any Event of Default by the CITY or City or for any amount which may become due to the GMMHC or successor or <br />on any obligations under the tenns of this Agreement. <br /> <br />Section 8.2. A2reement to Submit to Mediation! Arbitration. If a dispute arises out of or relates to this <br />con1ract, or the breach thereof, and if said dispute cannot be settled through direct discussions, the parties agree to <br />first endeavor to settle the dispute in an amicable manner by mediation administered by the American Arbitration <br />Association under its Construction Industry Rules, before resorting to arbitration. Thereafter, any unresolved <br />controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration <br />administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and <br />judgment upon the Award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This <br />paragraph does not apply if the CITY elects to take one or more of the actions allowed under Section 8.2. <br /> <br />Section 8.3. Non-Discrimination. The provisions of Minnesota Statutes Section 181.59, which relate to <br />civil rights and non-discrimination, and any affmnative action program of the City shall be considered a part of this <br />Agreement and binding on the GMMHC as though fully set forth herein. <br /> <br />Section 8.4. Notice of Status and Conformance. At such time as all of the provisions of this Agreement <br />have been fully perfonned by the GMMHC, the CITY, upon not less than five days prior written notice by the <br />GMMHC, agrees to execute, acknowledge and deliver, without charge to the GMMHC or to any person designated <br />by the GMMHC, a statement in writing in recordable fonn certifying the extent to which this Agreement has been <br />perfonned and the obligations hereunder satisfied. <br /> <br />8 <br />