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CC PACKET 01092001
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CC PACKET 01092001
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Last modified
12/30/2015 4:19:33 PM
Creation date
12/30/2015 4:19:08 PM
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SP Box #
17
SP Folder Name
CC PACKETS 1999-2001
SP Name
CC PACKET 01092001
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2® <br /> ARTICLE 8 <br /> Events of Default <br /> Section 8.1 Events of Default. The following shall be "Events of Default" under this <br /> Agreement and the term"Event of Default" shall mean, whenever it is.used in this Agreement(unless the <br /> context otherwise provides), any one or more of the following events which occurs and continues for <br /> more than 30 days after notice by the HRA to Redeveloper of such default(and the term "default" shall <br /> mean any event which would with the passage of time or giving of notice, or both, be an "Event of <br /> Default" hereunder): <br /> (a) Failure of Redeveloper to complete the Project as required hereunder. <br /> (b) Failure of Redeveloper to observe and perform any other covenant, condition, <br /> obligation or agreement on its part to be observed or performed hereunder. <br /> Section 8.2 Remedies on Default. Whenever, any Event of Default referred to in <br /> Section 8.1 occurs, the HRA may take any one or more of the following actions: <br /> (a) Suspend its performance under this Agreement until it receives assurances from <br /> Redeveloper, deemed adequate by the HRA, that Redeveloper will cure its default and continue its <br /> • 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 desirable to the <br /> HRA to enforce performance and observance of any obligation, agreement, or covenant of <br /> Redeveloper under this Agreement. <br /> In the event any action is commenced against Redeveloper by the HRA or the City <br /> upon the occurrence of an Event of Default, the party commencing such action shall be entitled to <br /> recover costs and expenses.of such action, including reasonable attorneys fees, from Redeveloper. <br /> Section 8.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to <br /> the HRA is intended to be exclusive of any other available remedy or remedies, but each and every <br /> such remedy shall be cumulative and shall be in addition to every other remedy given under this . <br /> Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to <br /> exercise any right or power accruing upon any default shall impair any such right or power or shall be <br /> construed to be a waiver thereof, but any such right and power may be exercised from time to time and <br /> • -8- <br />
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