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commence an action for specific performance or other equitable relief against <br />the Developers with respect to the defaulted obligations as provided in Section <br />XV(G); and (iii) exercise the City's rights under Section XV(H) with respect to <br />the Developers' Default; and <br />c. Enforce, or avail themselves of, any other remedies available to the City at law <br />or in equity. <br />Furthermore, in the event of a Developers' Default that extends beyond the applicable cure <br />period, and if no cure period is provided, six (6) months after receiving notice, without a cure by <br />Developers (the "Extended Default Period"), then the City may at its option, may, but shall not be <br />obligated to, by written notice to the Developers, terminate this Agreement, provided that such <br />termination shall not affect the obligations of the Developers that have then accrued, including the <br />indemnification requirements of the Developers hereunder. Notwithstanding anything to the <br />contrary herein, no Extended Default Period applies to the construction deadlines set forth in <br />Section X hereunder, subject to Force Majeure. <br />Q. Remedies Specific to Breaches of Representations and Warranties. <br />Notwithstanding any provision of this Agreement to the contrary, in the event of any <br />Developers' Default, pursuant to Section XV(A)(b) or (c), the City's remedy shall be <br />limited to recovery of any actual damages incurred by the City as a result of its reliance on <br />such false or misleading representation or warranty, report or certificate; except, however <br />in the event that such false or misleading information was provided by Developers <br />fraudulently or with the intent to intentionally mislead the City, in which event all remedies <br />under Section XV(B) shall be available to the City. <br />R. Cily Default. Any one or more of the following shall constitute a "City Default": <br />a. Default by City in the due and punctual payment, performance or observance <br />of any obligation of City under this Agreement or any other Project Agreement, <br />as to which the Developer has given a Default Notice, as defined herein, to the <br />City, which default the City do not cure within the period of time specified for <br />cure in the Default Notice; <br />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 />14 <br />