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4. DEFAULT AND REMEDIES. <br /> 4.1. General Default by a Party. Except as otherwise provided in this Agreement, if a party <br /> breaches any provision of this Agreement and fails to remedy such breach within thirty(30) <br /> days of notice thereof from the other party(unless such cure is not reasonably possible within <br /> such 30-day period and the breaching party has commenced and is pursuing with reasonable <br /> diligence such cure), the non-defaulting party may institute legal action against the <br /> defaulting party for specific performance, injunctive or declaratory relief, damages, and/or <br /> any other remedy provided by law or in equity. All remedies hereunder shall be deemed <br /> cumulative and not exclusive. In addition to any and all other declarations of default <br /> contained elsewhere in this contract, events of default shall include but not be limited to the <br /> following: <br /> 4.2. Misrepresentation. If any material representation made by the Redeveloper or the City in <br /> this Agreement, or in any certificate,notice, demand or request made by the Redeveloper or <br /> the City in writing and delivered to the other party pursuant to or in connection with any of <br /> said documents shall prove to be untrue or incorrect in any material respect as of the date <br /> made; or <br /> 4.3. Breach. Breach by the Redeveloper or the City of any material covenant, warranty or <br /> obligation set forth in this Agreement. <br /> 5. NOTICE. All notices hereunder shall be in writing and given by personal delivery or sent by (i) <br /> certified mail return receipt requested,postage prepaid, (ii)nationally recognized overnight courier <br /> service, or (iii) electronic mail (e-mail) transmission, to the addresses set forth below (unless <br /> changed in accordance herewith). Notice will be deemed received on the earlier of(a)actual receipt, <br /> (b)three(3)business days after deposit in the U.S. Mail, (c)the first business day after deposit with <br /> an overnight courier, or (d) if provided by e-mail, on the same day, if delivered on a business day <br /> during business hours, and on the following business day if otherwise,provided that the sender does <br /> not receive any notice of failure of delivery (i.e., an automatic response). <br /> To Developer: To City: <br /> Robinson Outdoor, LLC City of Decatur <br /> Attn: Delbert Riehn Attn: City Manager <br /> 50 Robinson Industrial Drive 1 Gary K. Anderson Plaza <br /> Perryville, MO 63775 Decatur, Illinois 62523 <br /> 6. INDEMNITY. To the fullest extent allowed by applicable law, each party (the "Indemnifying <br /> Pq,*") hereto hereby agrees to indemnify, defend and hold the other party, its affiliates and their <br /> respective, managers, members, officers, directors, employees and agents (collectively, the <br /> "Indemnified Parties"), harmless from and against any and all claims, losses, costs, damages, <br /> liabilities, or expenses(including,without limitation,reasonable attorneys' fees) ("Claims")arising <br /> from or in relation to the gross negligence or willful misconduct of the Indemnifying Party (or any <br /> person acting at its direction or on its behalf), except to the extent such Claims are a result of the <br /> action, inaction, gross negligence or willful misconduct of any of the Indemnified Parties. The <br />