Enforceability of the Agreement; Violations; Remedies. This Agreement shall be enforceable in the Circuit Court of Will County, Illinois by any of the parties by an appropriate action at law or in equity to secure the performance of the provisions and covenants herein described. Any violation of this Agreement by Developer shall entitle the City to the remedy of specific performance, and/or any other remedy available at law, in equity, or by statute. Any violation of this Agreement by the City shall entitle Developer to the remedy of specific performance, and/or any other remedy available at law or in equity, or by statute. No action based upon any violation of this Agreement shall be brought except until after written notice to the breaching party describing the nature of the alleged violation, and until said party shall have had a 60 day period in which to cure the violation unless a different time period is provided in this Agreement. If the cure of such violation reasonably requires longer than 60 days to complete, then the cure period shall be extended to include such time as is reasonably necessary to complete such cure so long as the party in default is pursuing such cure in good faith and with reasonable diligence. All remedies provided for in this Agreement are cumulative and the election or use of any particular remedy by any of the Parties hereto shall not preclude that party from pursuing such other or additional remedies or such other or additional relief as it may be entitled to either in law or in equity. Nothing herein shall be construed to limit any remedy available to any party hereto under Article 11, Division 15.l of the Illinois Municipal Code, as presently in effect or which may hereafter be added by amendment. In the event any action is brought arising from a breach of this Agreement, or to enforce any provision of this Agreement the prevailing party in such action shall be entitled to recover its costs, expenses and reasonable attorney’s fees from the breaching party. This Agreement shall be construed and interpreted in accordance with the laws of the State of Illinois.
Enforceability of the Agreement; Violations; Remedies. (A) This Agreement shall be enforceable in the Circuit Court of Will County, Illinois by any of the parties by an appropriate action at law or in equity to secure the performance of the provisions and covenants herein described.
