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27 <br />(c) Take whatever action, including legal, equitable or administrative action, which <br />may appear reasonably necessary or desirable to the City, including any actions to collect any <br />payments due under this Agreement, provided that the City shall not have the right to bring an <br />action for specific performance against the Redeveloper. <br /> <br />The City may elect to take no such action, notwithstanding an Event of Default not having been <br />cured within said thirty (30) days, if the Redeveloper provides the City with written assurances <br />satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. <br /> <br />Notwithstanding anything to the contrary in this Agreement, however, in the event that any Event <br />of Default by Redeveloper occurs prior to Closing, the City’s sole remedy shall be to terminate <br />this Agreement in the manner provided by Minn. Stat. §559.21 and receive the earnest money <br />deposit from the Title Company, as liquidated damages, in which event this Agreement shall be <br />deemed null and void and the parties shall be released from all further obligations and liabilities <br />under this Agreement. Such termination of this Agreement and receipt of the earnest money <br />deposit will be the only remedies available to Seller for an Event of Default by Redeveloper <br />occurring prior to Closing, and Redeveloper will not be liable for damages or specific <br />performance. <br /> <br /> Section 9.3. City Default. The failure of the City to observe or perform any covenant, <br />condition, obligation or agreement on its part to be observed or performed under this Agreement, <br />and the continuation of such failure for a period of thirty (30) days after written notice of such <br />failure from any party hereto shall be an Event of Default for the City. Whenever an Event of <br />Default occurs by the City, the Redeveloper may, unless otherwise provided for herein: <br /> <br /> (i) Terminate this Agreement by giving written notice to the City, in which <br />event all earnest money paid by the Redeveloper shall be returned to the <br />Redeveloper and this Agreement shall become null and void and neither <br />party shall have any further rights or obligations hereunder; or <br /> <br />(iii) Bring an action for specific performance. Any action for specific <br />performance must be commenced within six (6) months of the Event of <br />Default. The Redeveloper, if successful in such action, in addition to other <br />relief, shall be entitled to an award of its reasonable attorney’s fees and <br />costs. <br /> <br />Section 9.4. No Remedy Exclusive. No remedy of the City or the Redeveloper <br />hereunder is intended to be exclusive of any other available remedy or remedies, but each and <br />every such remedy shall be cumulative and shall be in addition to every other remedy given <br />under this Agreement or now or hereafter existing at law or in equity. No delay or omission to <br />exercise any right accruing upon any default shall impair any such right or shall be construed to <br />be a waiver thereof, but any such right may be exercised from time to time and as often as may <br />be deemed expedient. <br /> <br />Section 9.5. No Implied Waiver. In the event any agreement contained herein should be <br />breached by any party and thereafter waived by the other party, such waiver shall be limited to