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CC PACKET 02101998
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CC PACKET 02101998
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Last modified
12/30/2015 6:36:32 PM
Creation date
12/30/2015 6:36:19 PM
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SP Box #
22
SP Folder Name
CC PACKETS 1994-1998
SP Name
CC PACKET 02101998
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. (a) Failure of Redeveloper to complete the Project as required hereunder. <br /> (b) Failure of Redeveloper to observe and perform any other covenant, <br /> condition, obligation or agreement on its part to be observed or performed hereunder. <br /> (c) If Redeveloper shall admit in writing its inability to pay its debts <br /> generally as they become due, or shall file a petition in bankruptcy, or shall make an <br /> assignment for the benefit of its creditors, or shall consent to the appointment of a <br /> receiver of itself or of the whole or any substantial part of the Redevelopment Property. <br /> Section 7.2 Remedies on Default. Whenever any Event of Default referred <br /> to in Section.7.1 occurs, the HRA may take any one or more of the following actions: <br /> (a) Suspend its performance under this Agreement until it receives <br /> assurances from Redeveloper, deemed adequate by the HRA, that Redeveloper will cure <br /> its default and continue its performance under this Agreement. <br /> (b) Terminate all rights of Redeveloper under this Agreement. <br /> (c) Withhold the Certificate of Completion. <br /> . (d) Take whatever action at law or in equity may appear necessary or <br /> desirable to the HRA to enforce performance and observance of any obligation, <br /> agreement, or covenant of the Redeveloper under this Agreement. <br /> In the event any action is commenced against the Redeveloper by the <br /> HRA or the City upon the occurrence of an Event of Default, the party commencing <br /> such action shall be entitled to recover costs and expenses of such action including <br /> reasonable attorneys fees, from the Redeveloper. <br /> Section 7.3. No Remedy Exclusive. No remedy herein conferred upon or <br /> reserved to the HRA is intended to be exclusive of any other available remedy or <br /> remedies,but each and every such remedy shall be cumulative and shall be in addition <br /> to every other remedy given under this Agreement or now or hereafter existing at law <br /> or in equity or by statute. No delay or omission to exercise any right or power accruing <br /> upon any default shall impair any such right or power or shall be construed to be a <br /> waiver thereof,but any such right and power may be exercised from time to time and as <br /> often as may be deemed expedient. In order to entitle the HRA or Redeveloper to <br /> exercise any remedy reserved to it,it shall not be necessary to give notice, other than <br /> such notice as may be required under this Agreement. <br /> -8- <br />
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