Remedies of City. (a) Upon an Event of Default, City may:
Remedies of City. Upon a Developer Default and upon an additional thirty (30) days written notice to Developer providing an opportunity to cure, at the option of City and without further notice or demand to Developer, City may suspend or terminate City’s obligation to pay the Consideration specified in this Agreement. Upon a Developer Default and upon an additional thirty (30) days written notice to Developer providing an opportunity to cure, to the extent the Developer Default can be cured by the payment of money or institution of legal actions, City may pay such amounts on behalf of Developer with such amount(s) to be immediately due and payable to City by Developer. Upon a Developer Default, in any legal or equitable proceeding brought under or with relation to this Agreement or transaction, City shall be entitled to recover, in addition to any other damages or amounts provided for within this Agreement, reasonable attorneys’ fees, paraprofessional fees, litigation expenses, and court costs. All rights and remedies of City herein specified are cumulative and in addition to, and not in limitation of, any rights and remedies that City may have pursuant to this Agreement, by law or in equity, or otherwise.
Remedies of City. In the event of an Uncured Default, City shall have the right to elect any or all of the following actions in its sole discretion: (i) terminate this Agreement effective immediately upon written notice of such intent to DISD, (ii) demand immediate repayment, subject to appropriation, by DISD of the TIF Subsidy and said TIF Subsidy shall be immediately due and payable by DISD without further or additional notice; and/or (iii) pursue any other legal remedies available at equity. In the event of termination of this Agreement under (i), any TIF Subsidy funds available but unpaid to DISD pursuant to this Agreement shall be immediately rescinded and DISD shall have no further right to such TIF Subsidy. Any provisions of this Agreement related to this section shall survive the termination of this Agreement. This provision shall not be construed as to create an unfunded debt.
Remedies of City. Upon the occurrence and during the continuance of an Event of Default by University, City has the remedies set forth below:
Remedies of City. Upon the occurrence of any Event of Default set forth in Section 11.01, City, at its option, may take all or any of the following actions:
Remedies of City. If the Developer is in default under this Agreement, Developer shall reassign the Lien to the City, and the City may, at its discretion, refund the Purchase Price to Developer.
Remedies of City. In the event of a default by Lender under this Agreement, City shall have the right to exercise its legal and equitable remedies, including, without limitation, the right to terminate this Agreement. In addition, City shall have the right (but no obligation) to cure (or cause to be cured) on behalf of Lender any default by Lender. Lender shall pay to City on demand all costs and expenses incurred by City in effecting such cure, with interest thereon from the date of incurrence at the maximum rate then permitted by law. City shall have the right to offset from any amounts due to Lender under this Agreement all damages, losses, costs or expenses incurred by City as a result of such default by Lender.
Remedies of City. Subject to the right of Assignor to first exercise its rights under Section 10 above, City shall have the right under the Development Agreement to enforce the provisions of this Assignment and the Assumed Obligations by any appropriate legal or equitable actions and remedies in the event of any delay, failure to perform or breach by Assignee under the provisions of this Assignment or the Assumed Obligations assumed by Assignee.
Remedies of City. In the event of any such default CITY may, at its option, take any or all of the following actions:
Remedies of City. City shall have all equitable rights and remedies available to City in connection with any violation of this Agreement, including, without limitation, the right to enjoin any violation of this Agreement and the right to obtain specific performance of this Agreement. In addition, upon a sale of the Program Unit in violation of this Agreement, or any other default by Owner or a Homeowner under this Agreement which is not cured within thirty
