3.0.-5.0. EDSR 04-26-1993 - Laserfiche WebLink

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(01) Suspend its performance under the Agreement until it • receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under the Agreement. (02) Cancel and rescind or terminate the Agreement. (03) Withhold the return to Developer of the security deposited by Developer pursuant to Section 3 .3 of this Agreement. (04) Withhold reimbursement to Developer of Developer's Site Preparation costs pursuant to Section 3 .2 of this Agreement. (05) Withhold the Net Proceeds from the insurance policies provided to the City pursuant to Section 5. 1 of this Agreement in accordance with the terms of the policies. (06) Take whatever action, including legal or administrative action, which may appear necessary or desirable to the EDA to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. 9 .3) No Remedy Exclusive. No remedy herein conferred upon or reserved to the EDA 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. 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. ARTICLE X Additional Provisions 10. 1) Conflict of Interest: City Representatives Not Individually Liable. No member, official or employee of the City or EDA shall have any personal interest, direct or indirect, in • the Agreement, nor shall any such member, official , or employee participate in any decision relating to the Agreement which 16.