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1316916v1 <br />(d) The non - defaulting Party may pursue any remedies available at <br />law or in equity to recover the damages the non - defaulting Party has suffered or <br />will suffer as a result of the defaulting Party's default and an action to compel the <br />defaulting Party's specific performance of its obligations or observance of <br />restrictions set forth in this Agreement. <br />(e) If the Event of Default constitutes a breach of one or more of the <br />conditions set forth in the right of reverter the City reserves in the deed conveying <br />the Development Property to the Developer, the City may exercise its right of <br />reverter. <br />11.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to <br />the Authority, the City or the Developer is intended to be exclusive of any other available <br />remedy or remedies, but each and every such remedy is cumulative and is in addition to <br />every other remedy given under this Agreement or now or hereafter existing at law or in <br />equity or by statute. No delay or omission to exercise any right or power accruing upon <br />any default impairs any such right or power or shall be construed to be a waiver thereof, <br />but any such right and power may be exercised from time to time and as often as may be <br />deemed expedient. <br />11.5. No Implied Waiver. If a Party waives its right to require another Party to <br />perform an obligation or observe a restriction set forth in this Agreement, the waiver is <br />limited to the particular default so waived and is not deemed to waive any other <br />concurrent, previous or subsequent default hereunder. <br />11.6. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of <br />Default occurs and the non - defaulting Party employs attorneys or incurs other expenses <br />for the collection of payments due or to become due or for the enforcement or <br />performance or observance of any obligation or agreement on the part of the defaulting <br />Party herein contained, the defaulting Party agrees that it shall, on demand therefor, pay <br />to the non - defaulting Party the reasonable fees of such attorneys and such other expenses <br />so incurred by the non - defaulting Party. <br />Page 63 <br />