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(d) Take whatever action at law or in equity may appear necessary or desirable to the <br /> City to collect any payments due under this Agreement, or to enforce performance <br /> and observance of any obligation, agreement, or covenant of the Developer under <br /> this AV eement <br /> Section 10 3 No Remedy Exclusive No remedy herein conferred upon or reserved to <br /> the City or Developer is intended to be exclusive of any other available remedy or remedies, but <br /> each and every such remedy shall be cumulative and shall be in addition to every other remedy <br /> given under this Agreement, of now or hereafter, existing at law or in equity or by statute No <br /> delay or omission to exercise any right or power accruing upon any default shall impair any such <br /> right, and power may be exercised from time to time and as often as may be deemed expedient <br /> In order to entitle the City or the Developer to exercise any remedy reserved to them, it <br /> shall not be necessary to give notice, other than such notice as may be required in this Article X <br /> Section 10 4 No Additional Waiver Implied by One Waiver In the event any agreement <br /> contained in this Agreement should be breached by any party and thereafter waived by another <br /> party, such waiver shall be limited to the particular breach so waived and shall not be deemed to <br /> waive any other concurrent, previous or subsequent breach hereunder <br /> Section 10 5 Remedies on City Default If the City fails to pay and/or observe and <br /> substantially perform any covenant, condition or obligation on its part to be paid, observed or <br /> performed hereunder, the Developer may, in addition to any other remedies or rights given the <br /> Developer under this Agreement, but only after the City's failure to cure within 30 days of <br /> written notice of default (33 days if the notice is delivered by mail), take whatever action at law <br /> 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, <br /> or covenant of the City under this Agreement <br /> i <br /> 25 <br />