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e � <br /> W <br /> � <br /> � <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 co�npel specific performance by the party in <br /> � <br /> � default of its obligations. <br /> �' <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 /> preason 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 /> this Agreement or with respect to the particular Event of Default, except to the <br /> extent specifically waived in writing by the City or the Redeveloper. <br /> 10.3.2 Rights and Remedies Cumulative. The rights and remedies of the parties to <br /> this Agreement (or their successors in interest) whether provided by law or by <br /> this Agreement, shall be cumulative, and the exercise by either party of any one <br /> or more of such remedies shall not preclude the exercise by it, at the time or <br /> different times, of any other such remedies for the same Event of Default by the <br /> other party. No waiver made by either such party with respect to the <br /> performance, nor the manner or time thereof, or any obligation of the other party <br /> or any condition to its own obligation under the Agreement shall be considered a <br /> waiver of any rights of the party making the waiver with respect to the particular <br /> obligation of the other party or condition to its own obligation beyond those <br /> expressly waived in writing and to the extent thereof, or a waiver in any respect <br /> in regard to any other rights of the party making the waiver or any other <br /> obligations of the other party. <br /> 10.3.3 Delay in Performance. For the purposes of any of the provisions of this <br /> Agreement except with regard to payment of real estate taxes as provided herein, <br /> neither the City, nor the Redeveloper, as the case may be, nor any successor in <br /> interest, shall be considered in breach of, or in default of, its obligations with <br /> respect to the beginning and completion of construction of the Project, the Public <br /> City of Decatur/Slumberland Redevelopment Agreement 17 <br />