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(d) Take whatever action at law or in equity may appear necessary or desirable to the City <br />to collect any payments due under this Agreement, or to enforce performance and observance of <br />any obligation, agreement, or covenant of the Developer under this Agreement. <br />Section 103 No Remedy Exclusive. No remedy heroin conferred upon or reserved to the <br />City or Developer is intended to be exclusive of any other available remedy or remedies, but each <br />and every such remedy shall be cumulative and shall be in addition to every other remedy given <br />under this Agreement, or now or hereafter, existing at law or in equity or by statute. No delay or <br />omission to exercise any right or power accruing upon any default shall impair any such right, <br />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 he paid, observed or <br />performed hereunder, the Developer rnay, 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 written <br />notice of default (33 days if the notice is delivered by mail), take whatever action at law or in <br />equity may appear necessary or desirable to the Developer to collect any payments due under this <br />Agreement, or to enforce performance and observance of any obligation, agreement, or covenant <br />of the City under this Ageement. <br />"14 <br />