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I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />i <br />I <br />I <br />I <br />I <br />I <br /> <br />DRAFT 3/18/98 <br /> <br /> In order to entitle the City or the Developer to exercise any remedy reserved to them, it shall not be <br />necessary to give notice, other than such notice as may be required in this Article X. <br /> <br /> Section 10.4 ~1o Additional Waiver Implied by One Waiver. In the event any agreement contained <br />in this Agreement should be breached by any party and thereafter waived by another party, such waiver shall be <br />limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or <br />subsequent breach hereunder. <br /> <br /> Section 10.5 Remedies on City_ Default. If the City fails to pay and/or observe and substantially <br />perform any covenant, condition or obligation on its part to be paid, observed or performed hereunder, the <br />Developer may, in addition to any other remedies or rights given the Developer under this Agreement, but only after <br />the City's failure to cure within 30 days of written notice of default (33 days if the notice is delivered by mail), take <br />whatever action at law or in equity may appear necessary or desirable to the Developer to collect any payments due <br />under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the <br />City under this Agreement. <br /> <br />Page 19 <br /> <br />/09 <br /> <br /> <br />