Rights and Remedies of City. The rights and remedies reserved by City under this Agreement and those provided by law shall be construed as cumulative and continuing rights, no one of which shall be exhausted by the exercise of any one or more of such rights or remedies on any one or more occasions. Whenever any Developer Default has occurred as to a Phase of the Project, subject to applicable cure periods as set forth in Section 7.01 above, City may, at its option and without limitation as to such affected Phase: (i) terminate this Agreement as to the applicable Phase and as to any Phase for which this Agreement remains in effect; (ii) terminate or cancel any tax exemption or abatement for Developer and the applicable Phase or Project Area for which the Developer Default has occurred, and take such steps with as may be necessary or appropriate to do so (but shall not be entitled to recapture any prior tax exemptions or tax abatements previously granted or received by the Developer); (iii) terminate or cancel any payments, waivers, or grants of funds appropriated or scheduled to be appropriated to Developer to the extent not received; and/or (iv) exercise any other rights or remedies available to City at law or equity. Without limiting the generality of the foregoing, the City shall be entitled to specific performance and injunctive or other equitable relief for any breach or threatened breach of any of the provisions of this Agreement, notwithstanding the availability of an adequate remedy at law, and each Party hereby waives the right to raise such defense in any proceeding in equity. Notwithstanding the above, if there is a Developer Default as to a certain Phase and the City desires to exercise rights and remedies in connection therewith, then such Developer Defaults, and the rights and remedies exercised in connection therewith, shall only apply as to the defaulted Phase and shall not affect any other Phase. If any Developer Default occurs, City may take such actions, or pursue such remedies, as exist hereunder or at law or in equity; and if the City is the prevailing Party in an action to enforce its remedies hereunder, City shall be entitled to reasonable costs and charges, including attorneys' fees, lawfully and reasonably incurred by or on behalf of City in connection with the enforcement of such actions or remedies. The provisions of this Section 7.02 shall be included in the IRB Documents which may become effective in place of this Agreement.
Rights and Remedies of City. If an Event of Default is not cured within thirty (30) days of City’s written notice to District (“Uncured Default”), City shall have the right to elect, as determined in City’s sole discretion, to terminate this Agreement effective immediately upon written notice to District, and/or to pursue any other legal remedies available to City at law or in equity. In the event of termination under this Section, all funds awarded but unpaid to District pursuant to this Agreement shall be immediately rescinded and District shall have no further right to such funds. Termination shall not affect or terminate any of the existing rights of City against District, or which may thereafter accrue because of District’s default. Upon the occurrence of an Uncured Default, the obligation of City to disburse the Funds and all other obligations of City hereunder shall, at City’s option, immediately terminate. District agrees that the City shall not be liable to prosecution damages or lost anticipated profits if the City terminates this Agreement. No waiver by City of any of its rights or remedies hereunder shall be considered a waiver of any other or subsequent right or remedy of City; no delay or omission in the exercise or enforcement by City of any rights or remedies shall ever be construed as a waiver of any right or remedy of City; and no exercise or enforcement of any such rights or remedies shall ever be held to exhaust any right or remedy of City. The waiver of a breach of any term, covenant, or condition of this Agreement shall not operate as a waiver of any subsequent breach of the same or any other term, covenant or condition hereof.
Rights and Remedies of City. Upon the occurrence of an Event of Default by or with respect to User, City shall have the right to: (i) terminate the Agreement; (ii) recover actual amounts owed by User to City that accrued on or prior to the date of termination; and/or (iii) recover damages. In addition to the foregoing, User shall be deemed to have abandoned the User Fibers, and to have conveyed to City all right, title and interest in and to the User Fibers. User shall provide to City a xxxx of sale or such other documents as may be reasonably necessary to evidence such abandonment and/or conveyance.
Rights and Remedies of City. 6.01 Upon the occurrence of an Event of Default, City shall have the right, in addition to any other right or remedy of City, but not the obligation, in its own name or in the name of Grantee, to enter into possession of the Property; to perform all work necessary to complete the Project including construction of the Improvements substantially in accordance with the Plans and Specifications; and to employ watchmen and other safeguards to protect the Property. Grantee hereby appoints City as the attorney-in-fact of Grantee, with full power of substitution, and in the name of Grantee, if City elects to do so, upon the occurrence of an Event of Default, to (a) use such sums as are necessary, including Funds and the Grantee’s Deposit, to make such changes or corrections in the Plans and Specifications, and employ such architects, engineers, and contractors as may be required for the purpose of completing the construction of the Improvements substantially in accordance with the Plans and Specifications and the Governmental Requirements,
