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July 5, 2006 CCP
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July 5, 2006 CCP
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out herein. <br />4.14 Default. Continuation of any of the following after 30 days prior written notice to <br />the Developer (except in such cases where the default cannot be reasonably <br />cured within 30 days, in which case said 30-day period shall be extended to period <br />as reasonably required to effectuate the cure, provided the Developer has <br />commenced its cure within 30 days and continues diligently prosecuting such cure) <br />shall be considered an "event of default" underthe terms and conditions contained <br />in this Agreement: <br />A. Failure of the Developer to comply with any of the terms and conditions <br />contained in this Agreement. <br />B. The failure of the Developer to comply with any applicable ordinance or <br />statute with respect to the development of the Property. <br />4.15 Remedies. Upon occurrence of any event of default, the City, in addition to any <br />other remedy which may be available to it, shall be permitted to do any of the <br />following: <br />A. City may make advances or take other steps to cure the default, and, where <br />necessary, enterthe Property forthat purpose. The Developershall pay all <br />sums so advanced or expenses incurred by the City, upon demand, with <br />interest from the dates of such advances or expenses at the rate of 10% <br />per annum. No action taken by the City pursuant to this section shall be <br />deemed to relieve the Developer from curing any such default to the extent <br />that it is not cured by the City or from any other default hereunder. The City <br />shall not be obligated, by virtue of the existence or exercise of this right, to <br />perform any such act or cure any such default. The Developer shall save, <br />indemnify, and hold harmless, including reasonable attorney fees, the City <br />from any liability or other damages which may be incurred as a result of the <br />exercise of the City's rights to pursuant to this section. <br />B. Obtain an Order from a Court of competent jurisdiction requiring the <br />Developer to specifically perform its obligations pursuant to the terms and <br />provisions of this Agreement. <br />C. Exercise any other remedies which may be available to it including an <br />action for damages. <br />D. Withhold the issuance of any or all building permits and/or prohibit the <br />occupancy of all building(s) for which permits have been issued. <br />E. In addition to the remedies and amounts payable as set forth herein, upon <br />the occurrence of an event of default, the Developer shall pay the City all <br />
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