Breach by the Developer. If the Owner claims that the Developer has breached any of its obligations under this Agreement, the Owner will notify the Developer and the Department in writing of such breach, and the Developer shall have 30 days following receipt of such notice in which to cure such breach, before the Owner may invoke any remedies which may be available to it as a result of such breach; provided, however, that both during and after such period the Department shall have the right, but not the obligation, to cure any breach by the Developer. Without limiting the generality of the foregoing, (a) the Department shall have no liability to the Owner for any act or omission committed by the Developer in connection with this Agreement, including without limitation any reimbursement owed to the Owner hereunder and any claimed defect in any design or construction work supplied by the Developer or by its contractors, and (b) in no event shall the Department be responsible for any repairs or maintenance to the Owner Utilities Adjusted pursuant to this Agreement.
Breach by the Developer. If the Developer materially breaches any provision of this Easement Agreement and fails to cure any such breach within thirty (30) days after written notice thereof is given by the County (unless, with respect to any such breach the nature of which cannot reasonably be cured within such thirty (30) day period, the Developer commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion), in addition to any other right or remedy available to the County at law or in equity, the County shall have the right, but not the obligation, to cure any such breach or terminate this Easement Agreement (subject in all cases, to the rights of Developer to cure a default or breach under the MDA). The Developer shall reimburse the County for any and all out of pocket costs incurred by the County to exercise its rights hereunder upon demand, together with interest accruing thereon at an annual rate of interest as set forth in the MDA, until the County’s receipt of full payment therefor.
