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(i) The defaulting party does not cure the failure within $0 days following <br /> written notice of default from the other party, where the failure can be cured <br /> within the $0 day period; or <br /> <br /> (ii) The defaulting party does not commence substantial efforts to cure the <br /> failure within that 30 day period where the failure cannot be cured within that 30 <br /> day period, and thereafter does not proceed diligently to cure the failure. <br /> <br /> (c) Any notice of default must specify in detail the nature of the failure to <br /> perform, which the noticing party claims constitutes the Event of Default and the <br /> manner in which the Event of Default can be satisfactorily cured. While a party <br /> is attempting to perform within the time periods specified in this Section for cure <br /> of a failure to perform, the party charged with failure to perform is not in default <br /> for purposes of termination of this Agreement, institution of legal proceedings <br /> with respect thereto, or issuance of any Approvals with respect to the Project. <br /> (d) Upon the failure to cure an Event of Default, any nondefaulting party may <br /> bring any action at law or in equity, including but not limited to any proceeding in <br /> the nature of specific performance, injunctive relief or mandamus. In addition, <br /> upon the failure of a defaulting party to cure an Event of Default, any <br /> nondefaulting party may terminate this Agreement, but the termination will not <br /> affect that party's right to seek compensatory damages on account of the Event <br /> of Default for which this Agreement has been terminated. <br /> <br /> (e) Failure by a party to insist upon the strict performance of any of the <br /> provisions of this Agreement by any other party, irrespective of the length of time <br /> for which that failure continues, is not a waiver of that party's right to demand <br /> <br />Agmt-45011300 I <br />FXS:dr <br />02/04/02R, 02/12/02R <br /> <br /> <br />