Laserfiche WebLink
or the Event of Default shall not be cured or remedied within a reasonable time, the <br /> aggrieved party may institute such proceedings as may be necessary or desirable in its <br /> opinion to cure or remedy such Event of Default,including but not limited to,proceedings <br /> to compel specific performance by the party in default of its obligations. <br /> In case the City or the Developer shall have proceeded to enforce its rights under this <br /> Agreement and such proceedings shall have been discontinued or abandoned for any reason <br /> or shall have been determined adversely to the party initiating such proceedings,then and <br /> in every such case the Developer and the City shall be restored respectively to their several <br /> positions and rights hereunder, and all rights, remedies and powers of the Developer and <br /> the City shall continue as though no such proceedings had been taken. <br /> 9.3 Other Rights and Remedies of City and Developer:Delay in Performance Waiver. <br /> 9.3.1 No Waiver by Delay. <br /> Any delay by the City or the Developer in instituting or prosecuting any actions or <br /> proceedings or otherwise asserting their rights under this Agreement shall not <br /> operate to act as a waiver of such rights or to deprive them of or limit such rights <br /> in any way (it being the intent of this provision that the City or the Developer <br /> should not be constrained so as to avoid the risk of being deprived of or limited in <br /> the exercise of the remedies provided in this Agreement because of concepts of <br /> waiver, laches or otherwise);nor shall any waiver in fact made by the City or the <br /> Developer with respect to any specific Event of Default by the Developer or the <br /> City under this Agreement be considered or treated as a waiver of the rights of the <br /> City or the Developer under this Section or with respect to any Event of Default <br /> under any section in this Agreement or with respect to the particular Event of <br /> Default, except to the extent specifically waived in writing by the City or the <br /> Developer. <br /> 9.3.2 Rights and Remedies Cumulative. <br /> The rights and remedies of the parties to this Agreement (or their successors in <br /> interest)whether provided by law or by this Agreement,shall be cumulative,and <br /> the exercise by either party of any one or more of such remedies shall not preclude <br /> the exercise by it,at the time or different times,of any other such remedies for the <br /> same Event of Default by the other party. No waiver made by either such party <br /> with respect to the performance,nor the manner or time thereof,or any obligation <br /> of the other party or any condition to its own obligation under the Agreement shall <br /> be considered a waiver of any rights of the party making the waiver with respect <br /> to the particular obligation of the other party or condition to its own obligation <br /> beyond those expressly waived in writing and to the extent thereof,or a waiver in <br /> any respect in regard to any other rights of the party making the waiver or any <br /> other obligations of the other party. <br /> 9.3.3 Delay in Performance. <br /> For the purposes of any of the provisions of this Agreement except with regard to <br /> payment of real estate taxes as provided herein in Section 6.3,neither the City,nor <br /> the Developer,as the case may be,nor any successor in interest,shall be considered <br /> in breach of, or in default of, its obligations with respect to the beginning and <br /> completion of construction of the Project, the Public Projects or the Public <br />