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Section 5 . 03 . Rights and Remedies are Cumulative . <br /> Except with respect to any rights and remedies expressly declared <br /> to be exclusive in this Agreement, the rights and remedies of the <br /> parties are cumulative and the exercise by either party of one or <br /> more of such rights or remedies shall not preclude the exercise by <br /> it, at the same or different times, of any other rights or remedies <br /> for the same default or any other default by the other party. <br /> Section 5 . 04 . Reserved. <br /> Section 5 . 05 . Reserved. <br /> Section 5 . 06 . Riqhts and Remedies of Termination. <br /> a. Termination by the Aqency. <br /> 1 . Subject to written notice of default which <br /> shall specify the Developer' s default and the action required to <br /> cure same and upon thirty (30) calendar days notice to the <br /> Developer of the Agency' s intent to terminate this Agreement <br /> pursuant to this Section, the Agency at its option may terminate <br /> this Agreement if the Developer in breach of this Agreement assigns <br /> or attempts to assign this Agreement, or any right therein, or <br /> attempts to make any total or partial sale, lease or leaseback, <br /> transfer or conveyance of the whole or any part of the Property or <br /> the improvements to be developed thereon in violation of the terms <br /> of this Agreement, and the Developer does not correct such <br /> violation within thirty (30) calendar days from the date of receipt <br /> of such notice. <br /> 2 . In addition to the above, the Agency may <br /> terminate this Agreement if Developer fails to satisfy the <br /> condition precedents set forth in Section 2 . 02 (c) (1) , relating to <br /> securing of funding and financing commitments for the Project . <br /> 3 . Subject to written notice of default, which <br /> shall specify the Developer' s default and the action required to <br /> cure same and upon thirty (30) calendar days notice to the <br /> Developer of the Agency' s intent to terminate this Agreement <br /> pursuant to this Section, the Agency at its option may terminate <br /> this Agreement if the Developer does not carry out its other <br /> responsibilities under this Agreement and such default is not cured <br /> or the Developer does not commence and diligentl�r and continuously <br /> proceed with such cure within thirty (30) calenc�ar days after the <br /> date of receipt of written demand therefor from the Agency. <br /> REDW\0006\DOC\013-7 <br /> 3 7 1\11\08 940 law <br />