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h'1 <br /> ti <br /> m 9.5 No Release of Redeveloper. Any consent by the City to any total or partial transfer of <br /> 0. the Project or the Project Site shall not be deemed a release of the Redeveloper from any <br /> in of its obligations hereunder, or from any conditions or restrictions to which the <br /> MRedeveloper is subject, unless the Redeveloper is expressly released in writing by the <br /> City. <br /> Y ARTICLE X: DEFAULT AND REMEDIES <br /> 0 <br /> 10.1 Events of Default. The following shall be events of default (the "Events of Default") <br /> with respect to this Agreement: <br /> 10.1.1 Misrepresentation. If any material representation made by the Redeveloper or <br /> the City in this Agreement, or in any certificate, notice, demand or request made <br /> by the Redeveloper or the City in writing and delivered to the other party <br /> pursuant to or in connection with any of said documents shall prove to be untrue <br /> or incorrect in any material respect as of the date made; or <br /> 10.1.2 Breach. Breach by the Redeveloper or the City of any material covenant, <br /> warranty or obligation set forth in this Agreement. <br /> 10.2 Remedies Upon Default. In the case of an Event of Default by either party hereto or any <br /> successors to such party, such party or successor shall, upon written notice from the other <br /> party, take immediate action to cure or remedy such Event of Default within sixty (60) <br /> days after receipt of such notice (or within a reasonable time if the Event of Default <br /> cannot be diligently cured within such sixty (60) day period). If, in such case action is <br /> not taken, or not diligently pursued, or, the Event of Default shall not be cured or <br /> remedied within a reasonable time, the aggrieved party may institute such proceedings as <br /> may be necessary or desirable in its opinion to cure or remedy such Event of Default, <br /> including but not limited to, proceedings to compel specific performance by the party in <br /> default of its obligations. <br /> In case the City or the Redeveloper shall have proceeded to enforce its rights under this <br /> Agreement and such proceedings shall have been discontinued or abandoned for any <br /> reason or shall have been determined adversely to the party initiating such proceedings, <br /> then and in every such case the Redeveloper and the City shall be restored respectively to <br /> their several positions and rights hereunder, and all rights, remedies and powers of the <br /> Redeveloper and the City shall continue as though no such proceedings had been taken. <br /> 10.3 Other Rights and Remedies of City and Redeveloper: Delay in Performance Waiver. <br /> 10.3.1 No Waiver by Delay. Any delay by the City or the Redeveloper in instituting or <br /> prosecuting any actions or proceedings or otherwise asserting their rights under <br /> this Agreement shall not operate to act as a waiver of such rights or to deprive <br /> them of or limit such rights in any way (it being the intent of this provision that <br /> the City or the Redeveloper should not be constrained so as to avoid the risk of <br /> being deprived of or limited in the exercise of the remedies provided in this <br /> Agreement because of concepts of waiver, laches or otherwise); nor shall any <br /> waiver in fact made by the City or the Redeveloper with respect to any specific <br /> City of Decatur/Harrison Management Group LLC Redevelopment Agreement 16 <br />