Notice; Cure; Self-Help. In the event of a breach of this Agreement, the parties agree that the party alleged to be in breach shall have, unless specifically provided otherwise by any other provision of this Article 19, 30 days after notice of any breach delivered in accordance with Article 19 to correct the same prior to the non-breaching party's pursuit of any remedy provided for in Article 19.3 and 19.6; provided; however, that the 30-day period shall be extended, but only (i) if the alleged breach is not reasonably susceptible to being cured within the 30-day period, and (ii) if the defaulting party has promptly initiated the cure of the breach, and (iii) if the defaulting party diligently and continuously pursues the cure of the breach until its completion. If any party shall fail to perform any of its obligations under this Agreement, and if the party affected by the default shall have given written notice of the default to the defaulting party, and if the defaulting party shall have failed to cure the default as provided in this Article 19.1, then, except as specifically provided otherwise in the following sections of this Article 19, and in addition to any and all other remedies that may be available either in law or equity, the party affected by the default shall have the right (but not the obligation) to take any action as in its discretion and judgment shall be necessary to cure the default. In any event, the defaulting party hereby agrees to pay and reimburse the party affected by the default for all costs and expenses reasonably incurred by it in connection with action taken to cure the default, including attorney’s fees and court costs.
Notice; Cure; Self-Help. In the event of a breach of this Agreement by the Developer, the Village agrees that, unless specifically provided otherwise by any other provision of this Article 5, the Developer shall have thirty (30) days after notice of any breach delivered in accordance with Article 8 to correct the same prior to the pursuit of any remedy provided for in Section 5; provided, however, that the 30-day period shall be extended, but only (i) if the alleged breach is not reasonably susceptible to being cured within the 30-day period, and (ii) if the Developer has promptly initiated the cure of the breach, and (iii) if the Developer diligently and continuously pursues the cure of the breach until its completion. If the Developer shall fail to perform any of its obligations under this Agreement, and if the Village shall have given written notice of the default to the Developer, and if the Developer shall have failed to cure the default as provided in this Section 5.2, then, except as specifically provided otherwise in the following sections of this Article 5 and in addition to any and all other remedies that may be available either in law or equity, the Village shall have the right (but not the obligation) to take any action as in its discretion and judgment shall be necessary to cure the default. In any event, the Developer hereby agrees to pay and reimburse the Village for all costs and expenses reasonably incurred by it in connection with action taken to cure the default, including attorney’s fees and court costs.
