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01-23-2019 Council Packet
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01-23-2019 Council Packet
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11237553v3 <br /> <br /> <br /> 10 <br /> <br />(1) The City may suspend its performance under this Agreement and the TIF Note <br />until it receives assurances from the Developer, deemed adequate by the City, that the Developer <br />will cure its default and continue its performance under this Agreement. <br />(2) The City may cancel and rescind the Agreement and the TIF Note. <br />(3) The City may take any action, including legal or administrative action, in law or <br />equity, which may appear necessary or desirable to enforce performance and observance of any <br />obligation, agreement, or covenant of the Developer under this Agreement. <br />Section 4.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to <br />the City is intended to be exclusive of any other available remedy or remedies, but each and <br />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 or <br />power or shall be construed to be a waiver thereof, but any such right and power may be <br />exercised from time to time and as often as may be deemed expedient. <br />Section 4.4. No Implied Waiver. In the event any agreement contained in this <br />Agreement should be breached by any party and thereafter waived by any other party, such <br />waiver shall be limited to the particular breach so waived and shall not be deemed to waive any <br />other concurrent, previous or subsequent breach hereunder. <br />Section 4.5. Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of <br />Default occurs and the City shall employ attorneys or incur other expenses for the collection of <br />payments due or to become due or for the enforcement or performance or observance of any <br />obligation or agreement on the part of the Developer herein contained, the Developer agrees that <br />it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other <br />expenses so incurred by the City. <br />Section 4.6. Indemnification of City. <br />(1) The Developer (a) releases the City and its governing body members, officers, <br />agents, including the independent contractors, consultants and legal counsel, servants and <br />employees (collectively, the "Indemnified Parties") from, (b) covenants and agrees that the <br />Indemnified Parties shall not be liable for, and (c) agrees to indemnify and hold harmless the <br />Indemnified Parties against, any claim, cause of action, suit or liability for loss or damage to <br />property or any injury to or death of any person occurring at or about or resulting from any <br />defect in the Project or on the Development Property. <br />(2) Except for any willful misrepresentation or any willful or wanton misconduct of <br />the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now <br />and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, <br />action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly <br />arising from the actions or inactions of the Developer (or if other persons acting on its behalf or <br />under its direction or control) under this Agreement, or the transactions contemplated hereby or <br />the acquisition, construction, installation, ownership, and operation of the Project; provided, that <br />this indemnification shall not apply to the warranties made or obligations undertaken by the City
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