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<br />Notwithstandin!! the fore!!oin!!. the Citv a!!rees that if the Develoner shall fail to <br />commence or comnlete construction of the Jackson Block Develonment. the Citv will not <br />exercise the remedies set forth in this Section 9.4 so Ion!! as the Develoner has naid the <br />Parkin!! Lot Cost and submits a revised Sources and Uses Statement and Profit Statement <br />to!!ether with a revised list of Eligible Costs excludin!! anv costs incurred in connection with <br />the .Jackson Block Develonment and the nrincinal amount of the Tax Increment Revenue <br />Note will be adiusted based on the information the Develoner submits. <br /> <br />Section 9.5 Develouer 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 /> <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 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 /> <br />Section 9.7 No Additional Waiver Imulied bv 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 /> <br />1824344vRED V2 to VI; 10/12/05 <br /> <br />48 <br />