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5.0. 6.0. 7.0. 8.0. 9.0. 10.0. EDSR 09-21-1998
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5.0. 6.0. 7.0. 8.0. 9.0. 10.0. EDSR 09-21-1998
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type
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date
9/21/1998
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hereunder or under the Job Performance Agreement, the Authority at its option <br /> • may declare a termination in favor of the Authority of the Warranty Deed and of all <br /> the rights and interests in and to the Development Property conveyed to the <br /> Developer, and that all rights and interests of the Developer, and any assigns or <br /> successors in interest to and in the Development Property, shall revert to the <br /> Authority. <br /> (c) Take whatever action, including legal, equitable or administrative <br /> action, which may appear necessary or desirable to the Authority to collect any <br /> payments due under this Agreement or the Job Performance Agreement, or to <br /> enforce performance and observance of any obligation, agreement, or covenant of <br /> the Developer under this Agreement or the Job Performance Agreement. <br /> Section IX.3 No Remedy Exclusive. No remedy herein conferred upon or <br /> reserved to the Authority or Developer is intended to be exclusive of any other <br /> available remedy or remedies, but each and every such remedy shall be cumulative <br /> and shall be in addition to every other remedy given under this Agreement or now <br /> or hereafter existing at law or in equity or by statute. No delay or omission to <br /> exercise any right or power accruing upon any default shall impair any such right <br /> or power or shall be construed to be a waiver thereof, but any such right and power <br /> may be exercised from time to time and as often as may be deemed expedient. In <br /> order to entitle the Authority or the Developer to exercise any remedy reserved to it, <br /> ID it shall not be necessary to give notice, other than such notice as may be required in <br /> this Article IX. <br /> Section IX.4 No Additional Waiver Implied by One Waiver. In the event any <br /> agreement contained in this Agreement should be breached by either party and <br /> thereafter waived by the other party, such waiver shall be limited to the particular <br /> breach so waived and shall not be deemed to waive any other concurrent, previous <br /> or subsequent breach hereunder. <br /> ARTICLE X. <br /> Additional Provisions <br /> Section X.1 Representatives Not Individually Liable. No member, official, <br /> or employee of the Authority shall be personally liable to the Developer, or any <br /> successor in interest, in the event of any default or breach, or for any amount which <br /> may become due to the Developer or successor on account of any obligations under <br /> the terms of the Agreement. <br /> Section X.2 Equal Employment Opportunity. The Developer, for itself and <br /> its successors and assigns, agrees that during the construction of the Minimum <br /> Improvements provided for in the Agreement it will comply with all applicable <br /> 17 <br /> BeckP 548540.1 <br />
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