Breach by City. If City shall fail or refuse to perform its obligations as required hereunder, then the Owner shall provide written notice to the City indicating the nature of the default. City shall have thirty (30) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the City shall proceed with due diligence to cure said default after said notice, then such thirty (30) day period shall be extended to such a period of time as may reasonably be required to cure such default while proceeding with due diligence. If the City has not cured the default within the said cure period, the Owner may seek and obtain equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or an injunction. Should the remedies of specific performance or injunction not be available to the Owner because of action of City, then the Owner shall be entitled to bring a legal action for damages. City hereby waives trial by jury in connection with any proceeding brought to enforce the terms of this Agreement.
Appears in 4 contracts
Samples: Annexation Agreement, Annexation Agreement, Annexation Agreement
