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<br />Section 9.5 Developer Remedies on Default. Whenever any Event of Default occurs <br />by the City, the Developer may suspend its performance imder this Agreement and/or take <br />w}J.atever action at law or in equity may appear necessary or desirable to the Developer to <br />enforc~ performance and observance of any obligation, agreement, or covenant of the City under <br />this Agreement. . <br /> <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 /> <br />Section 9.6 No Remedv Exclusive. No remedy herein conferred 1,I.pon 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 existm.g at <br />law or in equity or by statUte. No delay or omission to exercise any righter 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 /> <br />Section 9.7 No Additional 'Vaiver Implied bv. One \Vaiver. If any "agreement <br />eontained in this Agreement should be breached by dther Party and thereafter waived by the <br />other Party, such. waiver shall be limited t6 the particular breach so waived and shall not be <br />deemed to waive any other concurrent, previous or subsequent breach hereunder. . <br /> <br />" <br /> <br />1674205v9 <br /> <br />44 <br />