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4) Section 9.5 Developer Remedies on Default. Whenever any Event of Default occurs <br /> by the City, the Developer may suspend its performance under this Agreement and/or take <br /> whatever action at law or in equity may appear necessary or desirable to the Developer to <br /> enforce performance and observance of any obligation, agreement, or covenant of the City under <br /> this Agreement. <br /> Nothing in this Agreement shall entitle the Developer to make any claim against the City <br /> for any damages whatsoever and the Developer's remedies are strictly limited to the foregoing. <br /> Section 9.6 No Remedy Exclusive. No remedy herein conferred upon or reserved to <br /> the City or the Developer is intended to be exclusive of any other available remedy or remedies <br /> unless otherwise expressly stated, but each and every such remedy shall be cumulative and shall <br /> be in addition to every other remedy given under this Agreement or now or hereafter existing at <br /> law or in equity or by statute. No delay or omission to exercise any right or power accruing upon <br /> any default shall impair any such right or power or shall be construed to be a waiver thereof, but <br /> any such right and power may be exercised from time to time and as often as may be deemed <br /> expedient. In order to entitle the City or the Developer, to exercise any remedy reserved to it, it <br /> shall not be necessary to give notice, other than such notice as may be required in this Article X. <br /> Section 9.7 No Additional Waiver Implied by One Waiver. If any agreement <br /> contained in this Agreement should be breached by either Party and thereafter waived by the <br /> other Party, such waiver shall be limited to the particular breach so waived and shall not be <br /> deemed to waive any other concurrent, previous or subsequent breach hereunder. <br /> 1674205v8 43 <br />