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ARTiCLE X: DEFAULT AND REMEDIES <br /> 10.1 Events of Default. <br /> The following shall be events of default (the "Events of Default") with respect to this <br /> Agreement: <br /> 10.1.1 Misrepresentation. <br /> If any material representation made by the Redeveloper or the City in this <br /> Agreement, or in any certificate, notice, demand or request made by the <br /> Redeveloper or the City in writing and delivered to the other party pursuant to or <br /> in connection with any of said documents shall prove to be untrue or incorrect in <br /> any material respect as of the date made; or <br /> 10.1.2 Breach. <br /> Breach by the Redeveloper or the City of any material covenant, warranty or <br /> obligation set forth in this Agreement. <br /> 10.2 Remedies Upon Default. <br /> In the case of an Event of Default by either party hereto or any successors to such party, <br /> such party or successor shall, upon written notice from the other party, take immediate <br /> action to cure or remedy such Event of Default within sixty(60) days after receipt of such <br /> notice (or within a reasonable time if the Event of Default cannot be diligently cured <br /> within such 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 reasonable time, <br /> the aggrieved party may institute such proceedings as may be necessary or desirable in its <br /> opinion to cure or remedy such Event of Default, including but not limited to, <br /> proceedings to compel specific performance by the party in 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 /> ARTICLE XI: TERMINATION OF AGREEMENT <br /> 11.1 Termination by the City. <br /> The City has the right to terminate all or part of this Agreement upon thirty (30) days <br /> prior written notice to the Redeveloper as required under Section 15.2 of this <br /> Agreement, if any Event of Default by the Redeveloper is not cured within the time <br /> frame set forth in Article X above. <br /> 11.2 Termination by the Redeveloper. <br /> The Redeveloper has the right to terminate all or part of this Agreement upon thirty (30) <br /> days prior written notice to the City as required under Section 15.2 of this Agreement <br /> if any Event of Default by the City is not cured within the time frame set forth in Article <br /> X above. <br /> City of Decatur/PACE HOSPITALITY LLC 16 <br />