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DocuSign Envelope ID: 92860B03-367C-49AA-BA95-OFDE6BFCF177 <br />1. By written notice to the Developer, cease disbursements of proceeds from the TIF <br />Fund until such Developer's Default has been cured, if applicable; <br />2. (i) recover from the Developer any sum of money that are then due and payable by <br />the Developer to or for the benefit of the City under this Agreement; or (ii) <br />commence an action for specific performance or other equitable relief against the <br />Developer with respect to the defaulted obligations as provided in Section XVI(G); <br />and (iii) exercise the City's rights under Section XVI(H) with respect to the <br />Developer's Default; and <br />3. Enforce, or avail themselves of, any other remedies available to the City at law or <br />in equity. <br />Furthermore, in the event of a Developer's 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 />Developer (the "Extended Default Period"), then the City may at its option, may, but shall not be <br />obligated to, by written notice to the Developer, terminate this Agreement provided that such <br />termination shall not affect the obligations of the Developer that have accrued, including any <br />indemnification requirements of the Developer. <br />C. Remedies Specific to Breaches of Representations and Warranties. <br />Notwithstanding any provision of this Agreement to the contrary, in the event of any <br />Developer's Default, pursuant to Section XVI(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 Developer <br />fraudulently or with the intent to intentionally mislead the City, in which event all remedies <br />under Section XVI(B) shall be available to the City. <br />D. City Default. Any one or more of the following shall constitute a "City Default": <br />1. 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 />2. Any representation or warranty made by City in this Agreement or any other <br />Project Agreement which, due to gross negligence or willful misconduct, is <br />false or misleading in any material respect as of the time made and has been <br />relied upon by the recipient to its material detriment prior to correction by City; <br />or <br />3. Any report, certificate or other document furnished by City to the Developer <br />pursuant to this Agreement or any other Project Agreement which, due to gross <br />13 <br />