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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 />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, or 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 /> <br />In order to entitle the City or the Developer to exercise any remedy reserved to them, it shall <br />not be necessary to give notice, other than such notice as may be required in this Article X. <br /> <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 /> <br />Section 10.5 Remedies on City Default. Whenever any Event of Default occurs, the <br />Developer may, in addition to any other remedies or rights given the Developer under this <br />Agreement, but only after the City's failure to cure within 30 days of written notice of default (33 <br />days if the notice is delivered by mail), take whatever action at law or in equity may appear <br />necessary or desirable to the Developer to collect any payments due under this Agreement, or to <br />enforce performance and observance of any obligation, agreement, or covenant of the City under <br />this Agreement. <br /> <br />Page 21 <br />
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