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CC PACKET 06122012
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CC PACKET 06122012
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73 <br />notice of such failure from any party hereto. Notwithstanding the foregoing, if the default <br />reasonably requires more than thirty (30) days to cure, such default shall not constitute an Event <br />of Default, provided that the curing of the default is promptly commenced upon receipt by the <br />Developer of the notice of the default, and with due diligence is thereafter continuously <br />prosecuted to completion and is completed within a reasonable period of time, and provided that <br />Developer keeps the Authority well informed at all times of its progress in curing the default; <br />provided in no event shall such additional cure period extend beyond 180 days; or <br />(e) the Developer shall (i) file any petition in bankruptcy or for any reorganization, <br />arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the <br />United States Bankruptcy Act of 1978, as amended or under any similar Federal or State law; or <br />(ii) make an assignment for the benefit of its creditors; or (ii) become insolvent or adjudicated a <br />bankrupt; or if a petition or answer proposing the adjudication of Developer, as a bankrupt or its <br />reorganization under any present or future Federal bankruptcy act or any similar Federal or State <br />law shall be filed in any court and such petition or answer shall not be discharged or denied <br />within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, <br />or of the Development, or part thereof, shall be appointed in any proceeding brought against <br />Developer, and shall not be discharged within ninety (90) days after such appointed, or if <br />Developer shall consent to or acquiesce in such appointment. <br />Section 13.3 City and Authority Events of Default. Subject to Unavoidable Delays, <br />the failure of the City or the Authority to observe or perform any covenant, condition, obligation <br />or agreement on its part to be observed or performed under this Agreement, and the continuation <br />of such failure for a period of thirty (30) days after written notice of such failure from any party <br />hereto shall be an Event of Default for the City or the Authority. <br />Section 13.4 City and Authority Remedies on Default. Whenever a Developer Event <br />of Default under occurs, the City and Authority may take whatever action at law or in equity may <br />appear necessary or desirable to the City or the Authority to enforce performance and observance <br />of any obligation, agreement, or covenant of the Developer under this Agreement. <br />Section 13.5 Developer Remedies on Default. Whenever any Event of Default occurs <br />by the City or Authority, the Developer may take whatever action at law or in equity may appear <br />necessary or desirable to the Developer to enforce performance and observance of any <br />obligation, agreement, or covenant of the City or Authority under this Agreement. Nothing in <br />this Agreement shall entitle the Developer to make any claim against the City or the Authority <br />for any damages whatsoever and the Developer's remedies are strictly limited to the foregoing. <br />Section 13.6 No Remedy Exclusive. No remedy herein conferred upon or reserved to <br />the Authority is intended to be exclusive of any other available remedy or remedies unless <br />otherwise expressly stated, but each and every such remedy shall be cumulative and -shall be in <br />addition to every other remedy given under this Agreement or now or hereafter existing at law or <br />in equity or by statute. No delay or omission to exercise any right or power accruing upon any <br />default shall impair any such right or power or shall be construed to be a waiver thereof, but any <br />such right and power may be exercised from time to time and as often as may be deemed <br />expedient. In order to entitle the Authority to exercise any remedy reserved to it, it shall not be <br />necessary to give notice, other than such notice as may be required in this Article XIII. <br />29 <br />
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