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<br />(ii) The defaulting party does not commence substantial efforts to cure <br />the failure within that 30 day period where the failure can not be cured within that 30 <br />day period, and thereafter does not proceed diligently to cure the failure. <br /> <br />(b) 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 manner in <br />which the event of default can be satisfactorily cured. While a pany is attempting to perform <br />within the time periods specified in this section for cure of a failure to perform, the party <br />charged with failure to perform is not in default for purposes of termination of this <br />Agreement, institution of legal proceedings with respect thereto. <br /> <br />(c) Upon the failure to cure an event of default, any nondefaulting party <br />may bring any action at law or in equity permitted by the Laws or this Agreement. including <br />but not limited to any proceeding in the nature of specific performance, injunctive relief or <br />mandamus. In addition, upon the failure of a defaulting party to cure an event of default, as <br />an alternative remedy. any nondefaulting party may terminate this Agreement. <br /> <br />Cd) 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 for which <br />that failure continues, is not a waiver of that party's right to demand strict compliance by the <br />oLher pi1rty in the futwe. No waiver by a party of an event of default is effective or binding <br />upon that party unless the waiver is in writing, and no waiver may be implied from any <br />omission by a party to take any action with respect to any event of default. No express <br />written waiver of any event of default affects any other event of default, or covers any other <br />period of time, other than the event of default or period of time specified in the express <br />waiver. One or more written waivers of an event of default is not a waiver of either any <br />subsequent event of default or the performance of the same or any other tenn or provision <br />contained in this Agreement. All of the remedies available to a party under this Agreement, <br />or at law or in equity, are cumulative and not alternative, and invocation of any right or <br />remedy is not a waiver or election of remedies with respect to any other permitted or <br />available right or remedy. <br /> <br />(e) If this Agreement is terminated, the termination does not affect any <br />right or duty arising out of any Approvals obtained concurrently with or subsequent to the <br />approval of this Agreement, but the other rights. duties and obligations of the parties under <br />this Agreement cease as of the date of the tennination. Nothing in this subsection 24(e) <br />precludes City from revoking any Approval either contemporaneously with termination of this <br />Agreement or subsequent thereto. No termination may prevent Pacific Shores from receiving <br />building permits for square footage of GBF A for which Pacific Shores has implemented <br />required mitigation measures. including without limitation traffic mitigation payments or fees, <br />or from completing and occupying buildings or other improvements authorized pursuant to <br />valid building permits previously approved by City. City shall treat all uses of those <br />buildings or other improvements, to the extent applicable, as nonconfonning uses subject to <br /> <br />K, \OOC:\"..\.G11\ACR\CIn.'" <br /> <br />26 <br /> <br />"-De."'" AT a... <br />