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�'' appointment, or if the Developer, shall consent to or acquiesce in such <br />� appointment. <br />Section 4.2. Remedies on Default. Whenever any Event of Default referred to in <br />Section 4.1 occurs and is continuing, the City, as specified below, may take any one or more <br />of the following actions after the giving of thirty (30) days' written notice to the Developer <br />citing with specificity the item or items of default and notifying the Developer that it has <br />ihirty (30) days within which to cure said Event of Default. If the Event of Default has not <br />been cured within said thirty (30) days: <br />(a) The City may suspend its performance under this Agreement until it <br />receives assurances from the Developer, deemed adequate by the City, that the <br />Developer will cure its default and continue its performance under this Agreement. <br />(b) The City may cancel and rescind the Agreement. <br />(c) The City may take any action, including legal or administrative action, in <br />law or equity, which may appear necessary or desirable to enforce performance and <br />observance of any obligation, agreement, or covenant of the Developer under this <br />Agreement. <br />� <br />� <br />Section 4.3. No Remedv Exclusive. No remedy herein conferred upon or reserved <br />to the City is intended to be exclusive of any other available remedy or remedies, but each <br />and every such remedy shall be cumulative and shall be in addition to every other remedy <br />given under this Agreement or now or hereafter e�sting at law or in equity or by statute. No <br />delay or omission to exercise any right or power accruing upon any default shall impair any <br />such right or power or shall be construed to be a waiver thereof, but any such right and power <br />may be exercised from time to tune and as often as may be deemed expedient. <br />Section 4.4. No Imnlied Waiver. In the event any agreement contained in this <br />Agreement should be breached by any party and thereafter waived by any other party, such <br />waiver shall be limited to the particular breach so waived and shall not be deemed to waive <br />any other concurrent, previous or subsequent breach hereunder. <br />Section 4.5. Aareement to Pav Attornev's Fees and Exuenses. Whenever any Event <br />of Default occurs and the City sha11 employ attorneys or incur other expenses for the <br />collection of payments due or to become due or for the enforcement or performance or <br />observance of any obligation or agreement on the part of the Developer herein contained, the <br />Developer agrees that they shall, on demand therefor, pay to the City the reasonable fees of <br />such attorneys and such other expenses so incurred by the City. <br />1087040.3 9 <br />