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PART 4. DEFAULT AND TERMINATION <br />Section 4.01. Default and Termination. The City may declare a default under this <br />Agreement and may terminate this Agreement if the Owner: <br />a. fails to commence and complete the Project within the time specified or <br />according to the specifications in Section 2.01; <br />b. made or makes any representation relied upon by the City in entering into <br />this Agreement or in any request or submission to the City relating to this Agreement or <br />the Project that is false or misleading in any material respect; <br />C. assigns this Agreement without the consent of the City; <br />d. allows ad valorem taxes on the Property or other property in the City <br />owned by the Owner to become delinquent; or <br />e. fails to comply at all times with the terms of the initial CUP issued for on- <br />premises consumption of alcoholic beverages on the Property, as renewed or amended, or <br />the standards for "bona fide restaurants" under Section 4.3.4.2 of the LDC during the first <br />12 months following the date of issuance of said CUP. <br />Section 4.02. Notice of Default and Termination. If the City Manager reasonably <br />determines that the Owner is in default under Sections 4.01(a) or (d) the City Manager will <br />notify the Owner in writing of such default, and if the default is not cured within 30 days from <br />the date of the notice, the City Manager may terminate this Agreement, unless reasonable efforts <br />are being made to cure said default and said default cannot reasonably be cured within 30 days. <br />For any default under Sections 4.01(b), (c) or (e) of this Agreement, the City Manager may <br />terminate the Agreement upon sending written notice of termination to the Owner. <br />Section 4.03. Status of Waiver Upon Termination. The Owner agrees that upon <br />termination of this Agreement, the waiver granted under this Agreement shall be deemed <br />revoked and the Owner's conditional use permit for on- premises consumption of alcoholic <br />beverages may, at the City's sole discretion, be suspended or revoked without a hearing, and <br />without recourse against the City, its officers, agents, or employees. <br />Section 4.04. Automatic Termination. In addition to automatic termination under <br />paragraph 3.02(a), this Agreement shall terminate automatically upon the denial of any <br />application, permit or request of the Owner related to the Project and the Owner's exhaustion of <br />remedies related thereto making the Project infeasible under applicable laws, ordinances, rules <br />and regulations. <br />Section 4.05. Remedies not Exclusive. In the event of default, either party may exercise <br />its remedies hereunder together with any other statutory or common law remedies, including <br />applicable penal and civil enforcement provisions of the Land Development Code or successor <br />