Agenda Packets - 1999/01/04 - Laserfiche WebLink

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BRIGGS&MORGAN Fax:6512236645 Dec 11 '98 17:05 P.31 existing at law 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. Section 10.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other 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. Section 10 .5. Acreement to Pav Attorney' s Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other reasonable expenses for the collection of payments due or to become due orfor the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the . City the reasonable fees of such attorneys and such other reasonable expenses so incurred by the City. Section 10. 6 Develover Remedies on Default . In the event the City fails to substantially observe or perform any other material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement the Developer may take any action, including legal or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, to sue for money damages, or to enforce performance and observance of any obligation, agreement or covenant of the City under this Agreement. 965316.Red V2 to vi; 22/x1/921 27