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. With respect to any Town Default under this Agreement, Developer shall have the right to:
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 any opportunity to cure provisions of Section 8.1 hereof and in the event of any default in or breach of this Agreement by the City, the Developer may exercise any rights or remedies provided for by law or equity.
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. 10.9.1 Except as otherwise provided herein, upon the occurrence of a Department Default and expiration, without full cure, of any cure period available respecting such Department Default, the Developer may exercise any rights and remedies available to the Developer under this Agreement or the other Project Agreements or as are otherwise available to the Developer at law; provided, however,
10.9.1.1 The Developer shall have no right to seek or obtain equitable relief against the Department arising out of a Department Default except (A) writ of mandamus to the extent available, (B) equitable remedies regarding monetary compensation (such as relief in quantum meruit) and (C) equitable remedies available in the case of a Department Default resulting from action by the Department which is outside the Department’s legal authority; and
10.9.1.2 Department’s obligations and liabilities are strictly limited to those set forth in the Project Agreements, and the Developer shall not have nor may it assert, and shall waive, any Claim against Department based on any supposed or alleged duties arising in tort; and
10.9.2 Notwithstanding anything herein to the contrary, the recovery of Claims against the State shall be subject to all Laws, Regulations and Ordinances, including without limitation, Title 8.01, Chapter 3, Article 18 (commencing at Section 8.01-192) and Article 18.1 (commencing at Section 8.01-195.1), Code of Virginia.
10.9.3 Except as otherwise provided in Section 10.9.4 below, the Department’s payment of any monetary damages or other compensation or award under Section 10.9.1 above shall be conditioned upon express legislative authorization and appropriation of the payment to the Developer of such damages, compensation or award.
10.9.4 Promptly after any final judgment is rendered by a court of competent jurisdiction awarding compensation or damages to the Developer and all appeal rights are exhausted, the Department shall institute payment procedures as set forth in Title 8.01, Section 195, Code of Virginia.
10.9.5 If the Developer has not received the full amount of any outstanding monetary damages or other compensation or award owing to the Developer under Section 10.9.1 above within two (2) months after the same became payable, the Department shall (i) use reasonably diligent efforts to obtain as soon as practicable from the General Assembly an appropriation sufficient to make such payment, and (ii) include such payment amount in its annual budget reque...
Developer Remedies. 72 Section 16.09. Preservation of Agreement Upon Certain City Defaults....................................... 72
Developer Remedies. If City is in breach under this Agreement and fails to cure any such breach within sixty (60) days after written notice thereof from Developer, Developer shall have the right to terminate this Agreement upon written notice to City. Developer shall also have the right to pursue all other legal and equitable remedies which Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages, and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.
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
