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R2015-138 AUTHORIZING REDEVELOPMENT AGREEMENT PACE Hospitality
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R2015-138 AUTHORIZING REDEVELOPMENT AGREEMENT PACE Hospitality
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Last modified
3/5/2018 4:48:19 PM
Creation date
12/24/2015 8:39:20 AM
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Resolution/Ordinance
Res Ord Num
R2015-138
Res Ord Title
AUTHORIZING REDEVELOPMENT AGREEMENT PACE HOSPITALITY, LLC
Approved Date
12/21/2015
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���m -�'�s� ' X"3P���m ���� <br /> 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 ar the City of any material covenant, warranty or <br /> obligation set farth 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 I, <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 /> i l.l 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 ter►ninate 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 �6 <br />
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