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<br />days, a Owner Event of Default shall not arise hereunder if Owner commences to cure the <br />default within thirty (30) days and thereafter prosecutes the curing of such default with due <br />diligence and in good faith to completion and in no event later than 90 days after receipt of <br />notice of the default. <br /> <br />9.2 Agency Default. An event of default on the part of Agency ("Event of Agency <br />Default") shall arise hereunder if Agency fails to keep, observe, or perform any of its covenants, <br />duties, or obligations under this Agreement, and the default continues for a period of thirty (30) <br />days after written notice thereof from Owner to Agency, or in the case of a default which cannot <br />with due diligence be cured within thirty (30) days, Agency fails to commence to cure the default <br />within thirty (30) days of such notice and thereafter fails to prosecute the curing of such default <br />with due diligence and in good faith to completion. <br /> <br />9.3 Agency's Right to Terminate Agreement. If an Owner Event of Default shall <br />occur and be continuing beyond any applicable cure period, then Agency shall, in addition to <br />other rights available to it under law or this Agreement, have the right to terminate this <br />Agreement. If Agency makes such election, Agency shall give written notice to Owner and to <br />any mortgagee entitled to such notice specifying the nature of the default and stating that this <br />Agreement shall expire and terminate on the date specified in such notice, and upon the date <br />specified in the notice, this Agreement and all rights of Owner under this Agreement, shall <br />expire and terminate. <br /> <br />9.4 Remedies. Upon the occurrence of an Owner Event of Default or an Event of <br />Agency Default, in addition to pursuing allY otht:r remedy allowed at law 0f in equity or <br />otherwise provided in this Agreement, the non-defaulting party may bring an action for equitable <br />relief seeking the specific performance of the tenns and conditions of this Agreement, and/or <br />enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking to <br />recover damages or to obtain any other remedy consistent with the purpose of this Agreement. <br /> <br />9.4.1 No Damages Ag:ainst City or Agency. Notwithstanding anything to the <br />contrary set forth herein, in no event shall damages be awarded against City or Agency upon the <br />occurrence of an Event of Agency Default or upon termination of this Agreement. <br /> <br />9.4.2 Rights and Remedies are Cumulative. Except as otherwise expressly <br />stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise <br />by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at <br />the same or different time, of any other rights or remedies for the same or any other default by <br />the other Party. <br /> <br />9.5 Inaction Not a Waiver of Default. No failure or delay by either Party in asserting <br />any of its rights and remedies as to any default shall operate as a waiver of such default or of allY <br />such rights or remedies, nor deprive either Party of its rights to institute and maintain any action <br />or proceeding which it may deem necessary to protect, assert or enforce any such rights or <br />remedies in the same or any subsequent default. <br /> <br />818642.2 <br /> <br />18 <br />