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the property so assigned, sequestered, attached or executed upon shall have been returned or <br /> released within ninety(90) days after such event(unless a lesser time period is permitted for cure <br /> under any other mortgage on the Property, in which event such lesser time period shall apply under <br /> this subsection(k) as well)or prior to sooner sale pursuant to such sequestration, attachment, or <br /> execution. In the event that the Developer is diligently working to obtain a return or release of the <br /> property and the City's interests under the City Documents are not immediately threatened, in the <br /> City's reasonable business judgment, the City shall not declare a default under this subsection; or <br /> (f) The Developer shall have voluntarily suspended its business or, if the <br /> Developer is a limited liability company or limited partnership, the limited liability company or <br /> limited partnership shall have been dissolved or terminated; or <br /> (g) The Developer breaches any other material provision of this Agreement or <br /> any other City Document. <br /> Upon the happening of any of the above-described events, the City shall first notify the <br /> Developer in writing of its purported breach, failure or act above described, giving the Developer <br /> sixty(60) days from receipt of such notice to cure, or, if cure cannot be accomplished within said <br /> sixty(60) days, to commence to cure such breach, failure, or act. In the event the Developer fails to <br /> cure within said sixty(60) days, or if such breach is of a nature that it cannot be cured within sixty <br /> (60) days, Developer fails to commence to cure within said sixty(60)days and diligently complete <br /> such cure within a reasonable time thereafter but in no event later than one hundred twenty(120) <br /> days,then the City shall be afforded all of its rights at law or in equity by taking any or all of the <br /> following remedies: <br /> (1) Termination of this Agreement by written notice to the Developer; <br /> (2) Prosecuting an action for damages or specific performance; and <br /> (3) Any of the remedies specified in this Agreement. <br /> Section 8.5 Remedies Cumulative. No right,power, or remedy given by the terms of <br /> this Agreement or the City Documents is intended to be exclusive of any other right,power, or <br /> remedy; and each and every such right,power, or remedy shall be cumulative and in addition to <br /> every other right,power, or remedy given by the terms of any such instrument, or by any statute or <br /> otherwise. Neither the failure nor any delay to exercise any such rights and remedies shall operate <br /> as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any <br /> other or further exercise of such right or remedy, or any other right or remedy. <br /> Section 8.6 Waiver of Terms and Conditions. The City Manager may at his or her <br /> discretion waive in writing any of the terms and conditions of this Agreement, or the other City <br /> Documents, without the Developer completing an amendment to this Agreement. No waiver of <br /> any default or breach by the Developer hereunder shall be implied from any omission by the City to <br /> take action on account of such default if such default persists or is repeated, and no express waiver <br /> shall affect any default other than the default specified in the waiver, and such waiver shall be <br /> 144\105\105296.4 14 <br />