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11-10-1997 EDA
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11-10-1997 EDA
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Last modified
1/29/2025 9:16:30 AM
Creation date
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MV Commission Documents
Commission Name
Economic Development Authority
Commission Doc Type
Agenda Packets
MEETINGDATE
11/10/1997
Commission Doc Number (Ord & Res)
0
Supplemental fields
Date
11/10/1997
EDA Document Type
Council Packets
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observe or perform any other covenant, condition, obligation or agreement on its part to <br /> be observed or performed hereunder, but only if such failure has not been cured within 1p <br /> thirty days after receipt by the defaulting party of written notice of such failure or, if the <br /> failure is by its nature incurable within thirty days, the defaulting party does not provide <br /> assurances reasonably satisfactory to the non-defaulting party within such thirty-day period <br /> that the failure will be cured and will be cured as soon as reasonably possible. Subject <br /> to the foregoing notice and cure periods,nothing in this Section shall limit the Authority's <br /> right to exercise any remedy-to which it is entitled under any other provision of this <br /> Agreement. <br /> 17.2. Remedies on Default Whenever any Event of Default referred to in <br /> Paragraph 17.1 of this Agreement occurs, the non-defaulting party may: <br /> • <br /> (a) Suspend its performance under this Agreement until it receives <br /> assurances that the :defaulting party will cure its default and continue its <br /> performance under this Agreement <br /> (b) Cancel and rescind or terminate this Agreement. In the event that <br /> Authority should fail to consummate the transaction contemplated by this <br /> Agreement for 'any reason except for Developer's default or the failure of <br /> Developer to satisfy any conditions to Authority's obligation hereunder, and <br /> Developer elects to cancel and terminate this Agreement in the manner provided <br /> by applicable law and be relieved of its obligations hereunder, Developer shall be <br /> immediately entitled •to the return of the Earnest Money heretofore paid in <br /> exchange for a quit claim deed for the Property. In the event that Developer shall <br /> fail to consummate the transaction contemplated herein for any reason, except the <br /> default by Authority or the failure of Authority to satisfy any of the conditions to <br /> the Developer's obligations set forth herein,and the Authority elects to cancel and <br /> terminate this Agreement in the manner provided by applicable law and be <br /> relieved of its obligations hereunder, the Authority shall be entitled to retain the <br /> Earnest Money as liquidated damage <br /> (c) In the case of an Event of Default by the Developer, the Authority <br /> may demand reimbursement by the Developer to the Authority in the amount of <br /> any costs paid by the Authority pursuant to this Agreement. <br /> (d) Take whatever action, inchlding legal, equitable, or administrative <br /> action,which may appear necessary or desirable to collect any payments due under <br /> this Agreement, or to enforce performance and observance of any obligation, • <br /> agreement, or covenant under this Agreement <br /> (e) Enforce the specific performance of this Agreement, which action <br /> roust be commenced within one (1) year of the date of failure of a party to <br /> consummate the transactions contemplated herein. <br /> •205-s 10 <br />
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