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9 <br />ARTICLE X <br />Events of Default <br />Section 10.1. Events of Default Defined. The term "Event of Default" shall mean, <br />whenever it is used in this Agreement (unless the context otherwise provides), any failure by <br />AFSA to substantially observe or perform any material covenant, condition, obligation or <br />agreement on its part to be observed or performed under this Agreement. <br />Section 10.2. Remedies on Default. Whenever any Event of Default referred to in this <br />Agreement occurs, the City may take any one or more of the following actions after provision of <br />thirty (30) days written notice to AFSA by the City of the Event of Default, but only if the Event <br />of Default has not been cured within said thirty (30) days or, if the Event of Default cannot be <br />cured within thirty (30) days, AFSA does not provide assurances to the City reasonably <br />satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: <br />(a) Withhold the Certificate of Completion. <br />(b)Refuse to issue a Certificate of Occupancy for the Property until such time <br />as such default has been inspected and corrected to the satisfaction of the City. <br />(c)Perform the work of AFSA and AFSA shall promptly reimburse the City <br />for any expense incurred by the City within thirty (30) days. Failure to do so shall result <br />in the City withholding any cash deposit, certified check, letter of credit, or any other <br />form of Performance Guarantee of the AFSA. <br />(d) Take whatever action, including legal or administrative action, which may <br />appear necessary or desirable to the City to enforce performance and observance of any <br />obligation, agreement, or covenant of AFSA under this Agreement and shall be entitled to <br />collect any and all expenses incurred by the City in connection therewith, including, but not <br />limited to, engineering, legal, planning and litigation costs and expense. <br />Section 10.3. 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 or power may be exercised <br />from time to time and as often as may be deemed expedient. <br />Section 10.4. No Additional Waiver Implied by One Waiver. In the event any <br />agreement should be breached by AFSA and thereafter waived by the City, such waiver shall be <br />limited to the particular breach so waived and shall not be deemed to waive any other concurrent, <br />previous or subsequent breach hereunder.