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05-19-99 13:47 From-KENNEDY & GRAVEN +6123379310 T-806 P.14/31 F-170 with the recapture, management, and resale of the Property or part thereof(but less any income derived by the Authority from the property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property (or, in the event the Property is exempt from taxation or assessment or such charge during the period of ownership thereof by the Authority, an amount, if paid, equal to such taxes, assessments, or charges (as deterrmned by the Authority assessing official) as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or part thereof at the time of revesting of title thereto in the Authority or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Developer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Minimum Improvements or any part thereof on the Property; financial assistance made by the Authority to the Developer (less any portion thereof previously repaid by the Developer); and any amounts otherwise owing the Authority by the Developer and its successor or transferee; and (b) Any balance remaining after such reimbursements shall be returned to the Developer. 17.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to any party in this Agreement 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 k.tw 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 may be deemed expedient. In order to entitle the Authority 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 Section. 17.6. No Additional Waiver Implied by One Waiver. In the event any provision or agreement contained in this Agreement should be breached by any party and thereafter waived by another 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. 18.0. Access to property and Inspection. Any time and from time to time prior to the Date of Closing,Developer,and person or persons selected by Developer shall be permitted access to the Property for the purpose of conducting such studies and investigations of the Property as Developer deems appropriate, which studies and investigations shall be conducted at Developer's sole expense and pursuant to any other terms and conditions of this Agreement. Developer agrees to indemnify Authority against any liability, cost or expense incurred by Authority as a result of Developers actions,including but not limited to fines,court costs,reasonable attorneys'fees and remedial costs. Such studies may include without limitation, physically Inspecting the Property and reviewing Authority's records concerning the Property which records shall be made reasonably available to DJG-162543 12 MU205-2