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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 /> provisions, or other ordinances. Any failure by one party to enforce this Agreement with respect <br />