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maintain, or cause to be maintained, the Property as required by this section, and said condition is <br />not corrected after the expiration of a reasonable period of time not to exceed thirty (30) days from <br />the date of written notice from the City, unless such condition cannot reasonably be cured within <br />thirty (30) days, in which case Developer shall have such additional time as reasonably necessary to <br />complete such cure, the City may perform the necessary maintenance and Developer shall pay all <br />reasonable costs incurred for such maintenance. The City shall inspect the Property annually after <br />the date of issuance of the Certificate of Completion as described in Article 17 of this Agreement. <br />7.5 Obligation to Refrain from Discrimination. Developer covenants and agrees for itself, its <br />successors, its assigns and every successor in interest to the Property or any part thereof, that there <br />shall be no discrimination against or segregation of any person or group of persons on account of <br />race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, <br />transfer, use, occupancy, tenure or enjoyment of the Property nor shall Developer itself or any <br />person claiming under or through him establish or permit any such practice or practices of <br />discrimination or segregation with reference to the selection, location, number, use or occupancy of <br />tenants, lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall <br />run with the land and shall remain in effect for the term of the Agreement. <br />8. DEFAULTS AND REMEDIES <br />8.1 Event of Default. Failure or delay by either party to perform any term of provision of <br />this Agreement within the time periods provided herein for such performance constitutes a default <br />under the Agreement. If any party defaults in performance of its obligations, covenants or <br />agreements hereunder, the defaulting party shall be entitled to cure the default in accordance with <br />this section. The injured party shall give written notice of default to the party in default, specifying <br />the default complained of by the injure party. Delay in giving such notice shall not constitute a <br />waiver of any default nor shall it change the time of default. The defaulting party must, within <br />thirty (30) days following service of said written notice, commence to cure, correct or remedy such <br />failure or delay and shall complete such cure, correction, or remedy with reasonable diligence. <br />Upon a default by Developer which is not cured within thirty (30) days following service of said <br />notice, unless such default cannot reasonably be cured within thirty (30) days, in which case <br />Developer shall have such additional time as reasonably necessary to complete such cure but no <br />more than ninety (90) days, the City shall have the right to terminate this Agreement by delivery of <br />written notice of termination to Developer. <br />8.2 Institution of Legal Actions. In addition to any other rights or remedies, either party may <br />institute legal action to cure, correct or remedy any default to recover damages for any default, or to <br />obtain any other remedy consistent with the purpose of this Agreement. <br />8.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies <br />expressly declared to be exclusive in this Agreement, the right and remedies of the parties are <br />cumulative and the exercise by either party of one or more of such rights or remedies shall not <br />preclude the exercise by it, at the same or different times, of any other rights or remedies for the <br />same default or any other default by the other party. <br />1076\01\1333668.1 <br />15 <br />8OA-21