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. � i �L <br /> � - x J <br /> ' � ' ' In the event of a default under this Redevelopment Agreement by any party hereto <br /> � � (the "Defaulting Party"), which default is not cured within the cure period provided for <br /> � below, then the other party(the "Non-defaulting Party") shall have an action for damages, <br /> - or, in the event damages would not fa.irly compensate the Non-defaulting Parties for the <br /> Defaulting Party's breach of this Redevelopment Agreement, the Non-defaulting Party <br /> shall have such other rights and remedies as aze available to them at law or in equity. <br /> Any damages payable by the City hereunder shall be limited to current or future funds <br /> within the Special Tax Allocarion Fund under the terms of this Agreement, except in the <br /> event of misappropriation of funds due Developer, or willful failure to perform on behalf <br /> of the City. <br /> In the event a Defaulting Party shall fail to perform a monetary covenant which it <br /> is required to perform under this Redevelopment Agreement, it sha11 not be deemed to be <br /> in default under this Redevelopment Agreement unless it shall have failed to perform <br /> such monetary covenant within ten (10) days of its receipt of a norice from a Non- <br /> defaulting Party specifying that it has failed to perform such monetary covenant. In the <br /> event a Defaulting Party fails to perform any nonmonetary covenant as and when it is <br /> required to under this Redevelopment Agreement, it shall not be deemed to be in default <br /> if it shall have cured such default within thirty (30) days of its receipt of a notice from a <br /> Non-defaulting Party specifying the nature of the default, provided, however, with respect <br /> to those nonmonetary defaults which are not capable of being cured within such thirty <br /> (30) day period, it shall not be deemed to be in default if it commences curing within <br /> such thirty (30) day period, and thereafter diligently and continuously prosecutes the cure <br /> of such default until the same has been cured. <br /> Upon a breach of this Agreement, the non-defaulting Party, in any court of <br /> competent jurisdiction, by an action or proceeding at law or in equity, may enforce this <br /> Agreement or may be awarded damages for failure of performance including attorneys' <br /> and professional fees and costs, or both. <br /> Failure of the City to reimburse Developer, or the holder of any Note issued <br /> hereunder, for eligible project costs due to insufficient funds generated within the Special <br /> Tax Allocation Fund sha11 not be deemed a default on the part of the City. <br /> 8. TIME: FORCE MAJEURE <br /> For this Agreement, time is of the essence; provided however, Developer or City <br /> shall not be deemed in default with respect to any obligations of this Agreement on its <br /> part to be performed if Developer or the City fails to timely perform the same and such <br /> failure is due in whole, or in part, to any strike, lock-out, labor trouble (whether legal or <br /> illegal), civil disorder, inability to procure materials, weather conditions, wet soil <br /> conditions, failure or interruptions of power, restrictive governmental laws and <br /> regularions, condemnarion, riots, insurrecrions, war, fuel shortages, accidents, casualties, ' <br /> 14 , <br />