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01-91 Development Agreement Lkwd City Center
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01-91 Development Agreement Lkwd City Center
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Last modified
5/14/2013 3:06:27 PM
Creation date
9/5/2003 9:33:05 AM
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Template:
Office Of Council
Document Type
Ordinances
Date
9/5/2003
Date Adopted
2/19/1991
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Section 14. Remedies. <br /> <br /> (a) General Remedie~. <br /> <br /> Except as otherwise provided in this Agreement, in the <br /> event of breach of this'Agreement, or any of its terms or <br /> conditions, by either party hereto,~ or any successor to such <br /> party, such party (or successor) shall, upon written notice <br /> <br />· from the other, proceed promptly to remedy suCh breach. In <br /> case such remedial action is not taken or diligently pursued <br /> within'thirty (30) days of such written notice, or if such <br /> default'or breach shall not be cured within a reasonable time <br /> thereafter (not .t© exceed 30 days with respect to monetary <br /> defaults and 90 days with respect to non-monetary defaults), <br /> the party asserting breach 'may institute such proceedings at <br /> law or in equity as may be necessary or desirable in its <br /> opinion to remedy such breach, including, but not limited to, <br /> the recovery of damages suffered'as the result of such default, <br /> or proceedings against the party in default to compel specific <br /> performance of its obligation. The failure of the ~City to <br /> perform under this Agreement with respect to any matter the <br /> City's Director of. Law determines to be invalid or <br /> unenforceable against the City shall not constitute a default <br /> under this Agreement; and the Redeveloper if it desires to <br /> contest such determination by the City's Director of Law, shall <br /> commence an appropriate action to contest such determination <br /> within sixty (60) days after a written copy of the Law <br /> Director's determination is received by the Redeveloper. <br /> <br />- 25 - <br /> <br /> <br />
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