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A.RTICLE 3 <br /> ' DEFAULTS AND TERMINATION <br /> 3.1 Event of Default. Each of the following shall constitute an "Event of <br /> Default"under this Parking Covenant and Agreement: <br /> 3.1.1 Failure by a Party to comply with and observe any of the <br /> conditions, terms, or covenants set forth in this Pazking Covenant and Agreement, if such failure <br /> remains uncured within thirty (30) days after written notice of such failure from the other Party <br /> ' in the manner provided herein or, with respect to a default that cannot be cured within thirty(30) <br /> days, if the Party in default fails to commence such cure within such thirty (30) day period or <br /> thereafter fails to diligently and continuously proceed with such cure to completion. However, if <br /> a different period, notice requirement, or remedy is specified under any other section of this <br /> Parking Covenant and Agreement,then the specific provision shall control. <br /> 3.1.2 Notwithstanding the foregoing, Developer understands and <br /> acknowledges that a default in its obligations under this Parking Covenant and Agreement may <br /> constitute a default of the Parking Facilities Agreement. In the event of Developer default under <br /> this Parking Covenant and Agreement,Developer agrees to defend, indemnify and hold harmless <br /> the City as a result of Developer's default under this Pazking Covenant and Agreement for a <br /> related alleged breach of Section VII.B. of the Parking Facilities Agreement and the provision of <br /> the"Regular Block Two Parking Spaces" (as defined in the Parking Facilities Agreement). <br /> 3.1.3 It is further understood by the Parties that Developer's compliance <br /> . with this Parking Covenant and Agreement shall be deemed to fully satisfy any and all <br /> obligations arising out of the Parking Facilities Agreement as it relates to the Site, the Project <br /> ' and the Existing Public Parking. Provided that Developer is not in default of this Parking <br /> Covenant and Agreement, City shall defend, indemnify, and hold harmless the Developer for any <br /> claims, actions, suits brought or made against the Developer as a result of City's default under <br /> . this Parking Covenant and Agreement or for any alleged breach of any City obligation arising <br /> ' out of the Pazking Facilities Agreement. <br /> ARTICLE 4 <br /> MISCELLANEOUS TERMS <br /> ' 4.1 Entire A eement. This Parking Covenant and Agreement contains the <br /> entire agreement between the Parties relating to the rights herein granted and the obligations <br /> herein assumed. Any oral representations or modifications concerning this Parking Covenant <br /> and Agreement shall be of no force and effect. This Parking Covenant and Agreement may be <br /> amended only by a subsequent document in writing, signed by the party to be charged. <br /> 4.2 Approvals. Approvals and consents required of City hereunder shall not <br /> be unreasonably withheld, and City's approval or disapproval shall be given within the tinnes set <br /> forth in this Agreement, or if no time is given, within thirty(30)days after request therefore.The <br /> failure of City to approve or disapprove within such time limits shall be deemed an approval. <br /> 8 <br /> 2013.118/BLOCK 2 HUNTER STORM <br /> REV:07-26-13 PT <br />