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the Developer promptly commences curing the default upon receipt of the notice of the default, <br /> (c) the Developer thereafter continuously prosecutes curing the default with due diligence to <br /> completion, (d) the Developer keeps the City well informed at all times of its progress in curing <br /> the default, and (e) the cure is completed within such reasonable period of time: <br /> (a) The City may suspend its performance under this Agreement and the TIF <br /> Note until it receives assurances from the Developer, deemed adequate by the City, that <br /> the Developer will cure its default and continue its performance under this Agreement, <br /> and no interest shall accrue on the TIF Note while performance is suspended in <br /> accordance with this Section 4.2. <br /> (b) The City may cancel and rescind the Agreement and the TIF Note. <br /> (c) The City may take any action, including legal or administrative action, in <br /> law or equity, which may appear necessary or desirable to enforce performance and <br /> observance of any obligation, agreement, or covenant of the Developer under this <br /> Agreement. <br /> Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to <br /> the City is intended to be exclusive of any other available remedy or remedies, but each and <br /> every such remedy shall be cumulative and shall be in addition to every other remedy given <br /> under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or <br /> omission to exercise any right or power accruing upon any default shall impair any such right or <br /> power or shall be construed to be a waiver thereof, but any such right and power may be <br /> exercised from time to time and as often as may be deemed expedient. <br /> Section 4.4 No Implied Waiver. In the event any agreement contained in this <br /> Agreement should be breached by any party and thereafter waived by any other party, such <br /> waiver shall be limited to the particular breach so waived and shall not be deemed to waive any <br /> other concurrent, previous or subsequent breach hereunder. <br /> Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of <br /> Default occurs and the City shall employ attorneys or incur other expenses for the collection of <br /> payments due or to become due or for the enforcement or performance or observance of any <br /> obligation or agreement on the part of the Developer herein contained, the Developer agrees that <br /> it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other <br /> expenses so incurred by the City. <br /> Section 4.6 Indemnification of City. <br /> (1) The Developer releases from and covenants and agrees that the City, its <br /> governing body members, officers, agents, including the independent contractors, consultants <br /> and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, <br /> collectively the "Indemnified Parties") shall not be liable for and agree to indemnify and hold <br /> harmless the Indemnified Parties against any loss or damage to property or any injury to or death <br /> of any person occurring at or about or resulting from any defect in the Project, provided that the <br /> foregoing indemnification shall not be effective for any actions of the Indemnified Parties that <br /> are not contemplated by this Agreement. <br /> 2212455v4 9 <br />