Developer Remedies. Subject to the notice of default and any opportunity to
Developer Remedies. With respect to an uncured City Event of Default or Authority Event of Default, the Developer shall be entitled to take any or all of the following remedies:
(a) Terminating this Agreement by giving written notice to the Developer; provided, however, that the Developer’s remedies under this Article 8 and the indemnification provisions of this Agreement survive such termination. If the Developer elects to terminate this Agreement, the provisions of this Agreement that are specified to survive such termination shall remain in full force and effect.
(b) Prosecuting an action for damages (excluding specific performance, punitive damages, lost profits and indirect consequential damages); or seeking any other remedy available at law or in equity (excluding punitive damages and indirect consequential damages).
Developer Remedies. Following an Event of Default by City, Developer shall have the right to seek from the City compensatory, but not consequential or punitive, damages arising out of such Event of Default. In addition, Developer shall have the right to seek an award and/or order requiring specific performance by the City of the City’s obligations under this Agreement. Developer hereby waives, with respect to any Event of Default by the City, any claim or right to consequential or punitive damages and any right to terminate this Agreement or the City’s rights under this Agreement and acknowledges that the City is relying on such waiver in entering into this Agreement.
Developer Remedies. Subject to the notice of default and opportunity to cure provisions of Section 5.01 hereof, in the event of any default in or breach of this Agreement by the Village, the Developer may exercise any rights or remedies provided for by law or equity.
Developer Remedies. With respect to any Town Default under this Agreement, Developer shall have the right to:
Developer Remedies. With respect to an uncured City Event of Default, the Developer shall be entitled to the following remedies only: (1) terminate this Agreement with respect to the Property, but only before Close of Escrow; or (2) seek specific performance of this Agreement, declaratory relief or other equitable remedy against the City
Developer Remedies. Upon the occurrence of any Event of ------------- ------------------ Default by the City pursuant to Section 16.06, or at any time thereafter so long as the same is not cured, the Developer may (a) cure any such Event of Default by the City and collect the costs thereof from the City upon demand, (b) seek, obtain and enforce a judgment for specific performance or other declaratory relief against the City for the performance of any agreement or covenant contained in this Agreement on the City's part to be kept or performed where equitable relief is appropriate, and/or (c) seek, obtain and enforce a judgment for monetary damages resulting from any such Event of Default by the City; provided, that the specific remedies under this Section 16.08 shall be the sole and exclusive remedies of the Developer, and provided further, that the Developer agrees not to offset any such costs or monetary damages against amounts required to be paid by the Developer to the City under this Agreement unless such costs and damages are reduced to a final judgment entered by a court of competent jurisdiction.
Developer Remedies. If any one or more Events of Default on the part of the City occurs, then Developer may: (a) terminate this Agreement by written notice to Town of its intention to terminate this Agreement on the date of such notice or on any later date specified in such notice, provided such termination occurs before Closing; and/or (b) exercise any rights or remedies it may have under applicable law or otherwise.
Developer Remedies. 72 Section 16.09. Preservation of Agreement Upon Certain City Defaults....................................... 72
Developer Remedies. If an Authority default remains uncured for more than 30 days, Developer can (i) terminate the Agreement and seek relief at law, or
