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'9 <br /> '.0 <br /> of its obligations hereunder, or from any conditions or restrictions to which the <br /> yRedeveloper is subject, unless the Redeveloper is expressly released in writing by the <br /> QI City. <br /> ro <br /> ARTICLE X: DEFAULT AND REMEDIES <br /> 71 <br /> ''4 10.1 Events of Default. The following shall be events of default (the "Events of Default") <br /> 4 with respect to this Agreement: <br /> Y <br /> p 10.1.1 Misrepresentation. If any material representation made by the Redeveloper or <br /> G the City in this Agreement, or in any certificate, notice, demand or request made <br /> 9 <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 can <br /> not be diligently cured within such sixty (60) day period). If, in such case action is not <br /> taken, or not diligently pursued, or the Event of Default shall not be cured or remedied <br /> within a 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, including <br /> but not limited to, proceedings to compel specific performance by the party in default of <br /> 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 /> Event of Default by the Redeveloper or the City under this Agreement be <br /> considered or treated as a waiver of the rights of the City or the Redeveloper <br /> under this Section or with respect to any Event of Default under any section in <br /> City of Decatur/Jackson Ford Redevelopment Agreement 13 <br />