Remedy of Developer. Upon the occurrence of an Agency Event of Default, Developer shall have all remedies available at equity or at law, including collection of any payments due under the Note which are not paid when due.
Remedy of Developer. In the event of a Default by the City and failure by the City to timely cure the Default as provided in Subsection 8.1, the Developer, or any successor-in- interest or assignee, may institute a legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, to terminate this Agreement, the Lease, and/or Purchase Agreement, or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, and relief in the nature of mandamus.
Remedy of Developer. In the event of a Default by the one of the Parties and failure by the defaulting Party to timely cure the Default as provided in Subsection 8.1, the non- defaulting Party shall have all remedies available to it at law or in equity. Owner, or any successor-in-interest or assignee, may institute a legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, to terminate this Agreement, the Lease, and/or Purchase Agreement, or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, relief in the nature of mandamus and actions for damages, provided, however, that claims for damages shall be limited to actual damages. The Parties hereby waives any right to seek consequential, punitive, multiple, exemplary or any other damages other than actual damages for a breach of this Agreement by the defaulting Party.
