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Agenda - Council Work Session - 08/03/1998
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Agenda - Council Work Session - 08/03/1998
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8/22/2006 12:56:58 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
08/03/1998
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<br />ARTICLE X <br />EVENTS OF DEFAULT <br /> <br />Section 10.1 Events of Default Defmed. The following shall be deemed Events of Default <br />under this Agreement and the term shall mean, whenever it is used in this Agreement, unless the <br />context otherwise provides, anyone or more of the following events: <br /> <br />(a) Failure by the Developer to pay, when due, the payments required to be paid or <br />secured under any provision of this Agreement, the Assessment Agreement, or the Agreement to <br />Pay Deficiencies; <br /> <br />Section 10.2 Remedies on Default. Whenever any Event of Default occurs, the City <br />may, in addition to any other remedies or rights given the City under this Agreement, but only after <br />the Developer's failure to cure within 30 days of written notice of default (33 days if the notice is <br />delivered by mail), take one or more of the following actions: <br /> <br />(a) suspend its performance under this Agreement until it receives assurances from the <br />Developer, deemed reasonably adequate by the City, that the Developer will cure the default and <br />continue its performance under this Agreement; <br /> <br />(b) cancel and rescind or terminate this Agreement; <br /> <br />(c) withhold the Certificate of Completion; or <br /> <br />(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 and observance <br />of any obligation, agreement, or covenant of the Developer under this Agreement <br /> <br />Page 20 <br />
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