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4-11.2 Disputes <br />In the event of any dispute arising under this Agreement, the injured party <br />shall notify the injuring party in writing of its contentions by submitting a claim <br />therefor. The injured party shall continue performing its obligations hereunder so <br />long as the injuring party commences to cure such default within ten (10) days of <br />service of such notice and completes the cure of such default within forty-five <br />(45) days after service of the notice, or such longer period as may be permitted <br />by the injured party; provided that if the default is an immediate danger to the <br />health, safety and general welfare, such immediate action may be necessary. <br />Compliance with the provisions of this Section shall be a condition precedent to <br />termination of this Agreement for cause and to any legal action, and such <br />compliance shall not be a waiver of any party's right to take legal action in the <br />event that the dispute is not cured, provided that nothing herein shall limit CITY's <br />or the CONSULTANT'S right to terminate this Agreement without cause pursuant <br />to Section 3-1.0. <br />4-11.3 Waiver <br />No delay or omission in the exercise of any right or remedy by a <br />nondefaulting party on any default shall impair such right or remedy or be <br />construed as a waiver. A party's consent to or approval of any act by the other <br />party requiring the party's consent or approval shall not be deemed to waive or <br />render unnecessary the other party's consent to or approval of any subsequent <br />act. Any waiver by either party of any default must be in writing and shall not be <br />a waiver of any other default concerning the same or any other provision of this <br />Agreement. <br />4-11.4 Rights and Remedies are Cumulative <br />Except with respect to rights and remedies expressly declared to be <br />exclusive in this Agreement, the rights and remedies of the parties are <br />cumulative and the exercise by either party of one or more of such rights or <br />remedies shall not preclude the exercise by it, at the same or different times, of <br />any other rights or remedies for the same default or any other default by the <br />other party. <br />4-11.2 Legal Action <br />In addition to any other rights or remedies, either party may take legal <br />action, in law or in equity, to cure, correct or remedy any default, to recover <br />damages for any default, to compel specific performance of this Agreement, to <br />obtain declaratory or injunctive relief, or to obtain any other remedy consistent <br />with the purposes of this Agreement. <br />4-11.3 Attorneys' Fees <br />If either party to this Agreement is required to initiate or defend or made a <br />party to any action or proceeding in any way connected with this Agreement, the <br />prevailing party in such action or proceeding, in addition to any other relief which <br />may be granted, whether legal or equitable, shall be entitled to reasonable <br />14 <br />25B-20 <br />