HRA PACKET 11232021 - Laserfiche WebLink

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10 1951267.v8 default. No express written waiver of any default shall affect any other default or cover any other period of time other than any default and/or period of time specified in such express waiver. One or more written waivers of any default under any provision of this Agreement shall not be deemed to be a waiver of any subsequent default in the performance of the same provision or any other term or provision contained in this Agreement. All of the remedies permitted or available to a Party under this Agreement or at law or in equity shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to another permitted or available right or remedy. For purposes of this Agreement, “Default Rate” shall mean that rate publicly announced, or published, from time to time, by JPMorgan Chase (or its successor) as its prime rate of interest, plus five percent (5.0%) per annum, on a cumulative basis. The City acknowledges that a breach or threatened breach of Section 3(a) relating to an unauthorized CA Replacement would give rise to irreparable harm to the Owners for which monetary damages would not be an adequate remedy, and hereby agrees that in the event of a breach or a threatened breach by the City of any such obligations, each Owner shall, in addition to any and all other rights and remedies that may be available to it in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance and any other relief that may be available from a court of competent jurisdiction (without any requirement to post bond). 10.Attorneys’ Fees. In the event a Party institutes any legal action or proceeding for the enforcement of any right or obligation herein contained, the prevailing Party after a final adjudication shall be entitled to recover its costs and reasonable attorneys’ fees incurred in the preparation and prosecution of such action or proceeding. 11.Estoppel Certificate. Each Party agrees that upon written request of any other Party, it will issue to such Party, at no cost, an estoppel certificate stating, to the issuer’s knowledge, as of such date: (a) whether or not it knows of either or both (x) any default under this Agreement and (y) any circumstance or condition that, with the passage of time or giving of notice or both, would constitute a default under this Agreement, and if there are known defaults or other circumstances or conditions that, either with the passage of time or giving of notice or both, would constitute a default, specifying the nature thereof; (b) whether this Agreement has been assigned, modified or amended in any way by it and if so, then stating the nature thereof; and (c) whether this Agreement is in full force and effect. 12.Notices. All notices, demands and requests (collectively the “notice”) required or permitted to be given under this Agreement must be in writing and shall be deemed to have been properly given (a) if and when delivered in person, (b) on the first business day after deposit with a commercial overnight courier, (c) three (3) business days after having been deposited with the U.S. Postal Service and sent by registered or certified mail, postage prepaid, return receipt requested, or (d) when sent by electronic delivery (e.g. email), provided that a duplicate copy is sent on the same day, pursuant to (b) above, addressed as follows (or sent to such other address as any Party shall specify to the other Parties pursuant to the provisions of this Section 12. The initial addresses of the Parties shall be: If to Salo Park Owner:For so long as Doran SLV III, LLC is the Salo Park Owner: Doran SLV III, LLC c/o Doran Management, LLC 7803 Glenroy Road, Suite 100 Bloomington, Minnesota 55439 Attn: Chief Manager Kelly.doran@doranpg.com