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<br />(b) Default in the performance of any term, provision or covenant under <br />this Agreement (other than an obligation enumerated in this <br />Section, and unless such provision specifies a shorter cure period <br />for such default, the continuation of such default for ten (10) days in <br />the case of a monetary default and thirty (30) days in the case of a <br />nonmonetary default following the date upon which the <br />nondefaulting party shall have given written notice of the default to <br />the defaulting party, or if the nature of the default is such that it <br />cannot be cured within 30 days, the failure of the defaulting party to <br />commence to cure the default within thirty (30) days and thereafter <br />prosecute the curing of such default with due diligence and in good <br />faith but in no event more than sixty (60) days following notice of <br />default. <br /> <br />10.2 Remedies. If the defaulting party fails to cure a default within the <br />applicable cure period or fails to commence to cure and diligently pursue <br />completion of a cure, as applicable, or if a cure is not possible, the nondefaulting <br />party may proceed with any of the following remedies: <br /> <br />(a) Bring an action for equitable relief seeking the specific performance <br />of the terms and conditions of this Agreement, and/or enjoining, <br />abating, or preventing any violation of such terms and conditions, <br />and/or seeking declaratory relief, <br /> <br />(b) Bring an action for legal relief seeking compensatory (but not <br />punitive or consequential) damages, <br /> <br />(c) Terminate this Agreement, or <br /> <br />(d) Pursue any other remedy allowed at law or in equity. <br /> <br />Each of the remedies provided herein is cumulative and not exclusive. <br />The Parties may exercise from time to time any rights and remedies available to <br />them under applicable law or in equity, in addition to, and not in lieu of, any rights <br />and remedies expressly provided in this Agreement. <br /> <br />10.3 Termination. Immediately following termination of this Agreement, <br />unless Agency agrees otherwise in writing Manager shall: (i) deliver to Agency <br />all Agency funds held by Manager, (ii) deliver to Agency all books, records and <br />files in possession of Manager relating to the management, maintenance, <br />operation, leasing, marketing and use of the Project, (iii) deliver to Agency all <br />keys, combinations to locks, and other security devises on the Project, (iv) <br />deliver to Agency all equipment, furniture, furnishings, tools, supplies, inventory <br />and other property of Agency in the possession of Manager; (v) render final <br />reports to Agency in accordance with Article VIII, (vi) furnish Agency with a <br />complete inventory of all personal property on site at the Project, (viii) assign all <br /> <br />776633-4 Final <br />