7.0. EDSR 05-11-1998 - Laserfiche WebLink

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Sent by: DRB MINNEAPOLIS 6123405584; 05/07/98 13:01 ; JetraX #801 ;Page 22/39 • obligation, agreement, or covenant of the Developer under this Agreement, the Job Performance Agreement, or the Assessment Agreement. (c) Bring an action against Developer, collectively or individually, for recovery of any or all monies paid to Developer for Public Development Costs, plus all collection costs including attorney's fees. Section 9.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority or Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4 No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. • Section 9.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the Authority shall employ attorneys or incur other expenses for the collection of payments due or to become due,for the enforcement or performance or observance of any obligation or for reimbursement of monies paid to Development for Public Development Costs, the Developer agrees that it shall, on demand therefor, pay to Authority the reasonable fees of such attorneys and such other expenses so incurred by the Authority. ARTICLE X. Additional Provisions Section 10.1 Representatives Not Individually Liable. No member, official, or employee of the Authority shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach, or for any amount which may become due to the Developer or successor on account of any obligations under the terms of the Agreement. Section 10.2 Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all applicable federal, state and local equal employment and non- • discrimination laws and regulations. Beck?548664.2 17