Developer Remedies. Subject to the notice of default and any opportunity to cure provisions of Section 8.1 hereof and in the event of any default in or breach of this Agreement by the City, the Developer may exercise any rights or remedies provided for by law or equity.
Developer Remedies. With respect to an uncured City Event of Default, the Developer shall be entitled to the following remedies only: (1) terminate this Agreement with respect to the Property, but only before Close of Escrow; or (2) seek specific performance of this Agreement, declaratory relief or other equitable remedy against the City
Developer Remedies. Following an Event of Default by City, Developer shall have the right to seek from the City compensatory, but not consequential or punitive, damages arising out of such Event of Default. In addition, Developer shall have the right to seek an award and/or order requiring specific performance by the City of the City’s obligations under this Agreement. Developer hereby waives, with respect to any Event of Default by the City, any claim or right to consequential or punitive damages and any right to terminate this Agreement or the City’s rights under this Agreement, and acknowledges that the City is relying on such waiver in entering into this Agreement.
Developer Remedies. 10.9.1 Except as otherwise provided herein, upon the occurrence of a Department Default and expiration, without full cure, of any cure period available respecting such Department Default, the Developer may exercise any rights and remedies available to the Developer under this Agreement or the other Project Agreements or as are otherwise available to the Developer at law; provided, however,
Developer Remedies. 72 Section 16.09. Preservation of Agreement Upon Certain City Defaults....................................... 72
Developer Remedies. Upon the occurrence of any Event of ------------- ------------------ Default by the City pursuant to Section 16.06, or at any time thereafter so long as the same is not cured, the Developer may (a) cure any such Event of Default by the City and collect the costs thereof from the City upon demand, (b) seek, obtain and enforce a judgment for specific performance or other declaratory relief against the City for the performance of any agreement or covenant contained in this Agreement on the City's part to be kept or performed where equitable relief is appropriate, and/or (c) seek, obtain and enforce a judgment for monetary damages resulting from any such Event of Default by the City; provided, that the specific remedies under this Section 16.08 shall be the sole and exclusive remedies of the Developer, and provided further, that the Developer agrees not to offset any such costs or monetary damages against amounts required to be paid by the Developer to the City under this Agreement unless such costs and damages are reduced to a final judgment entered by a court of competent jurisdiction.
Developer Remedies. Subject to the provisions of Article IX herein Developer's sole and exclusive remedy upon the occurrence of an Event of BKC Default under Section 7.1.2 shall be to deliver written notice to BKC that this Agreement is thereby immediately terminated.
Developer Remedies. Upon the occurrence of an Event of Default under
Developer Remedies. In the event of a Default by City, all of the following remedies shall be available to Developer:
Developer Remedies. If City is in breach under this Agreement and fails to cure any such breach within sixty (60) days after written notice thereof from Developer, Developer shall have the right to terminate this Agreement upon written notice to City. Developer shall also have the right to pursue all other legal and equitable remedies which Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages, and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.
