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Section 9.3. Developer's Remedies on Default. Whenever any Event of Default by City i occurs, the Multifamily Developer may take whatever action, including legal, equitable or administrative action (including an action for specific performance), which may appear necessary or desirable to the Multifamily Developer to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the City under this Agreement after providing thirty (30) days written notice to the City of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, provided, however, that if such Event of Default is by its nature incapable of cure within thirty (30) days if the City provides to the Multifamily Developer evidence, reasonably acceptable to the Multifamily Developer, that the Event of Default will be cured and will be cured as soon as reasonably possible, then the Multifamily Developer shall have such additional time as is reasonably necessary to cure such Event of Default but only so long as the City is diligently pursuing such cure. Section 9.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as maybe deemed expedient. In order to entitle the City or the Multifamily Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.5. No Additional Waiver Im lied b One Waiver. In the event an y a~rccmcnt contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.6. Costs of Enforcement. Whenever any Event of Default by the Multifamily Developer occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Multifamily Developer under this Agreement, the Multifamily Developer agrees that it shall be liable for the reasonable fees of such attorneys and such other reasonable expenses so incurred by the City. ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable. No member, official, or employee of the City shall be personally liable to the Multifamily Developer, or any successor in interest, in the event of any default or breach or for any amount which may become due to Developer or its successor or on any obligations under the terms of the Agreement. • .~ ~ 3 ~~-1-~='!='~"December 29, 2003 98