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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 Developer and <br />to 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 Developer under this Agreement, shall <br />expire and terminate. <br />9.4 Agency's Remedies and Rights Upon an Event of Developer Default. Upon the <br />occurrence of an Event of Developer Default and the expiration of any applicable cure period, <br />Agency shall have all remedies available to it under this Agreement or under law or equity, <br />including, but not limited to the following, and Agency may, at its election, without notice to or <br />demand upon Developer, except for notices or demands required by law or expressly required <br />pursuant to the Agency Documents, exercise one or more of the following remedies: <br />(a) Accelerate and declare the balance of the Predevelopment Note and the <br />Note and interest accrued thereon immediately due and payable; <br />(b) Seek specific performance to enforce the terms of the Agency Documents; <br />(c) Foreclose pursuant to the Deed of Trust; <br />(d) Pursue any and all other remedies available under this Agreement or under <br />law or equity to enforce the terms of the Agency Documents and Agency's rights thereunder. <br />9.5 Developer's Remedies Upon an Event of Agency Default. Upon the occurrence <br />of an Event of Agency Default, in addition to pursuing any other remedy allowed at law or in <br />equity or otherwise provided in this Agreement, Developer may bring an action for equitable <br />relief seeking the specific performance of the terms and conditions of this Agreement, and/or <br />enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking to <br />obtain any other remedy consistent with the purpose of this Agreement. <br />9.5 Remedies Cumulative No Consequential Dama es. Except as otherwise <br />expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the <br />exercise by either Party of one or more of such rights or remedies shall not preclude the exercise <br />by it, at the same or different time, of any other rights or remedies for the same or any other <br />default by the other Party. Notwithstanding anything to the contrary set forth herein, a Party's <br />right to recover damages in the event of a default shall be limited to actual damages and shall <br />exclude consequential damages. <br />9.7 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 any <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 />9.8 Rights of Limited Partners. Provided that Agency has been given the address for <br />such notices, whenever Agency delivers any notice of default hereunder, Agency shall <br />concurrently deliver a copy of such notice to Developer's limited partner(s) in accordance with <br />u ~a9s~-s 32 <br />