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b. Any representation or warranty made by City in this Agreement or any other <br />Project Agreement is false or misleading in any material respect as of the time <br />made and has been relied upon by the recipient to its material detriment prior <br />to correction by City; or <br />c. Any report, certificate or other document furnished by City to the Developer <br />pursuant to this Agreement or any other Project Agreement is false or <br />misleading in any material respect as of the time made and has been relied upon <br />by the recipient to its material detriment prior to correction by City. <br />E. Remedies for City Default. At any time as of which a City Default exists, the <br />Developer, at its option, may, but shall not be obligated to, exercise any one of more of the <br />following remedies; <br />a. By written notice to the City, terminate this Agreement, provided that such <br />termination shall not affect the obligations of the City that have then accrued; <br />b. Except for obligations requiring City Council approval, commence an action <br />for specific performance or other equitable relief against City with respect to <br />the defaulted obligations; and (ii) exercise the Developer's rights under Section <br />12(G) with respect to the City Default; and <br />c. Enforce, or avail itself of, any other remedies available to it at law or in equity. <br />F. Default Notices. At any time when there exists a default by the Developer in the <br />due and punctual payment, performance or observance of any obligation of the Developer <br />under this Agreement or any other Project Agreement, City may give the Developer a <br />written notice, indicated as being a "Default Notice" under this Section, identifying the <br />default and specifying a period of time for the cure of the default. At any time when there <br />exists a default by City in the due and punctual payment, performance or observance of <br />any obligation of City under this Agreement or any other Project Agreement, the Developer <br />may give the City a written notice, indicated as being a "Default Notice" under this Section, <br />identifying such default and specifying a period of time for the cure of the default. Any <br />notice given in accordance with this Section is called a "Default Notice." The period of <br />time for cure to be set forth in any Default Notice may be not shorter than such period of <br />time as is reasonable in light of the nature of the default and the time reasonably required <br />to cure the default. Notwithstanding any provision hereof or in any other Project <br />Agreement to the contrary, in no event will the cure period set forth in any Default Notice <br />be less than (i) ten (10) days to cure any monetary payment default, or (ii) thirty (3 0) days <br />with respect to any non -monetary default, and, during the construction period, to the extent <br />such non -monetary default cannot reasonably be cured in thirty (30) days, then the period <br />for cure shall be extended for so long as is reasonable, provided that the Developer <br />commences to cure within such initial thirty (30) day period and thereafter diligently <br />continues to pursue such cure; provided, however, that in no event shall the cure period for <br />non -monetary defaults be extended for longer than ninety (90) days total. <br />12 <br />15785832v23 <br />