Common use of City’s Remedies Clause in Contracts

City’s Remedies. With respect to the occurrence of an Event of Default the City may pursue the following remedies: The City may pursue any legal or equitable remedy or remedies, including, without limitation, specific performance, damages, and termination of this Agreement. The City shall not terminate this Agreement unless it delivers to the Developer a second notice expressly providing that the City will terminate within thirty (30) additional days. Termination or non-termination of this Agreement upon a Developer Event of Default shall not prevent the City from suing the Developer for specific performance, damages, actual damages, excluding punitive, special and consequential damages, injunctive relief or other available remedies with respect to obligations that expressly survive termination. In the event the Developer fails to pay any of the expenses or amounts or perform any obligation specified in this Agreement, then to the extent such failure constitutes an Event of Default hereunder, the City may, but shall not be obligated to do so, pay any such amount or perform any such obligations and the amount so paid and the reasonable out of pocket costs incurred by the City in said performance shall be due and payable by the Developer to the City within thirty (30) days after the Developer’s receipt of an itemized list of such costs. No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law or in equity. The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy.

City’s Remedies. With respect to the occurrence of an Event of Default the City may pursue the following remedies: : (a) The City may pursue any legal or equitable remedy or remedies, including, without limitation, specific performance, damages, and termination of this Agreement. The City shall not terminate this Agreement unless it delivers to the Developer a second notice expressly providing that the City will terminate within thirty (30) additional days. Termination or non-termination of this Agreement upon a Developer Event of Default shall not prevent the City from suing the Developer for specific performance, damages, actual damages, excluding punitive, special and consequential damages, injunctive relief or other available remedies with respect to obligations that expressly survive termination. In the event the Developer fails to pay any of the expenses or amounts or perform any obligation specified in this Agreement, then to the extent such failure constitutes an Event of Default hereunder, the City may, but shall not be obligated to do so, pay any such amount or perform any such obligations and the amount so paid and the reasonable out of pocket costs incurred by the City in said performance shall be due and payable by the Developer to the City within thirty (30) days after the Developer’s receipt of an itemized list of such costs. . (b) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law or in equity. . (c) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy.

City’s Remedies. With respect to the occurrence of an Event of Default the City may pursue the following remedies: : (a) The City may pursue any legal or equitable remedy or remedies, including, without limitation, specific performance, or actual damages, and termination of this Agreement. The City shall not terminate this Agreement unless it delivers to the Developer a second notice expressly providing that the City will terminate within thirty (30) additional days. Termination or non-non- termination of this Agreement upon a Developer Event of Default shall not prevent the City from suing the Developer for specific performance, damages, actual damages, excluding punitive, special and consequential damages, injunctive relief or other available remedies with respect to obligations that expressly survive termination. In the event the Developer fails to pay any of the expenses or amounts or perform any obligation specified in this Agreement, then to the extent such failure constitutes an Event of Default hereunder, the City may, but shall not be obligated to do so, pay any such amount or perform any such obligations and the amount so paid and the reasonable out of pocket costs incurred by the City in said performance shall be due and payable by the Developer to the City within thirty (30) days after the Developer’s receipt of an itemized list of such costs. . (b) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law or in equity. . (c) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy.

City’s Remedies. With respect to Rights of Company Mortgagees. (a) Upon the occurrence of an Event of Default by the City may pursue Company, subject to rights and remedies of the following remedies: The Company Mortgagee set forth in this Section 5.2, the City may pursue any legal or equitable remedy or remedies, including, without limitation, specific performance, damages, and termination of this Agreement. The ; provided, however, that the City shall not have no right to terminate this Agreement unless it the City delivers to the Developer Company a second notice which expressly providing provides that the City will terminate within thirty (30) additional days30 days if the default is not addressed as herein provided. Termination or non-termination of this Agreement upon a Developer Company Event of Default shall not prevent the City from suing the Developer Company for specific performance, damages, actual damages, excluding punitive, special and consequential damages, injunctive relief or other available remedies with respect to obligations that expressly survive termination. Upon termination by the City, the City may occupy the Entertainment Center, and the Company shall assign to the City any of its contracts and agreements related to the Entertainment Center requested by the City to be so assigned. In the event the Developer Company fails to pay any of the expenses or amounts or perform any obligation specified in this Agreement, then to the extent such failure constitutes an Event of Default hereunder, the City may, but shall not be obligated to do so, pay any such amount or perform any such obligations and the amount so paid and the reasonable out of out-of-pocket costs incurred by the City in said performance shall be due and payable by the Developer Company to the City within thirty (30) 30 days after the Developer’s Company's receipt of an itemized list of such costscosts and shall thereafter bear interest at the rate specified in this Agreement. No remedy herein conferred or reserved is intended to be exclusive All remedies of any other available remedy or remedies, but each and every such remedy the City under this Agreement shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law or in equity. The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedycumulative.

City’s Remedies. With respect to the occurrence of an Event of Default the City may pursue the following remedies: : (i) The City may pursue any legal or equitable remedy or remedies, including, without limitation, specific performance, damages, and termination of this Agreement. The City shall not terminate this Agreement unless it delivers to the Developer a second notice expressly providing that the City will terminate within thirty (30) additional days. Termination or non-non- termination of this Agreement upon a Developer Event of Default shall not prevent the City from suing the Developer for specific performance, damages, actual damages, excluding punitive, special and consequential damages, injunctive relief or other available remedies with respect to obligations that expressly survive termination. In the event the Developer fails to pay any of the expenses or amounts or perform any obligation specified in this Agreement, then to the extent such failure constitutes an Event of Default hereunder, the City may, but shall not be obligated to do so, pay any such amount or perform any such obligations and the amount so paid and the reasonable out of pocket costs incurred by the City in said performance shall be due and payable by from the Developer to the City within thirty (30) days after the Developer’s receipt of an itemized list of such costs. . (ii) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law or in equity. . (iii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy.