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i <br /> i <br /> I <br /> i <br /> ARTICLE XI: DEFAULT AND REMEDIES <br /> 11.1 Events of Default. The following shall be events of default (the "Events of <br /> Default")with respect to this Agreement: <br /> 11.1.1 Misrepresentation. If any material representation made by the <br /> Redeveloper or the City in this Agreement, or in any certificate, notice, <br /> demand or request made by the Redeveloper or the City in writing and <br /> delivered to the other party pursuant to or in connection with any of said <br /> documents shall prove to be untrue or incorrect in any material respect as <br /> of the date made; or <br /> 11.1.2 Breach. Breach by the Redeveloper or the City of any material covenant, <br /> warranty or obligation set forth in this Agreement. <br /> 11.2 Remedies Upon Default. In the case of an Event of Default by either party <br /> hereto or any successors to such party, such party or successor shall,upon written <br /> notice from the other party, take immediate action to cure or remedy such Event <br /> of Default within sixty (60) days after receipt of such notice (or within a <br /> reasonable time if the Event of Default can not be diligently cured within such <br /> sixty (60) day period). If, in such case action is not taken, or not diligently <br /> pursued, or the Event of Default shall not be cured or remedied within a <br /> reasonable time, the aggrieved party may institute such proceedings as may be <br /> 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 <br /> party in default of its obligations. <br /> In case the City or the Redeveloper shall have proceeded to enforce its rights <br /> under this Agreement and such proceedings shall have been discontinued or <br /> abandoned for any reason or shall have been determined adversely to the party <br /> initiating such proceedings, then and in every such case the Redeveloper and the <br /> City shall be restored respectively to their several positions and rights hereunder, <br /> and all rights,remedies and powers of the Redeveloper and the City shall continue <br /> as though no such proceedings had been taken. <br /> 11.3 Other Rights and Remedies of City and Redeveloper: Delay in Performance <br /> Waiver. <br /> 11.3.1 No Waiver by Delay. Any delay by the City or the Redeveloper in <br /> instituting or prosecuting any actions or proceedings or otherwise <br /> asserting their rights under this Agreement shall not operate to act as a <br /> -' waiver of such rights or to deprive them of or limit such rights in any way <br /> (it being the intent of this provision that the City or the Redeveloper <br /> should not be constrained so as to avoid the risk of being deprived of or <br /> limited in the exercise of the remedies provided in this Agreement because <br /> i <br /> 16 <br />