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compliance to Company. If such non-compliance is not cured within thirty (30) days after <br /> Company's receipt of such notice or, if non-compliance is not reasonably susceptible to <br /> cure within thirty (30) days and, a cure is not begun within such 30-day period and, <br /> thereafter, continuously and diligently pursued to cornpletion on a schedule approved by <br /> the City (in either event, a "Cure"), then the City may, at its sole discretion and its sole <br /> remedy hereunder, terminate this Agreement or withhold Grant Payments that would have <br /> been due for the calendar year or years in which the non-compliance occurs. If the City <br /> elects to withhold Grant Payments under this Section, rather than to terminate the <br /> Agreement, then, upon a Cure by Company, Company will be eligible to receive such <br /> withheld Grant Payments and Grant Payments in future years for the remainder of the <br /> Term. <br /> Section 8.02. No Obligation to Commence Construction, Construct or <br /> Operate. Notwithstanding anything herein to the contrary, Company shall have no <br /> obligation to commence construction, obtain a certificate of occupancy, open for business <br /> or operate; provided that Company will provide City with two (2) months' notice of its <br /> intent to commence construction of the Project. <br /> Section 8.03. Failure to Operate. If Company fails to satisfy the Opening Date <br /> set forth herein, subject to force majeure events and the applicable notice and cure period, <br /> City shall have the right to terminate this Agreement or withhold Grant Payments as its <br /> sole remedy upon the delivery of written notice to Company of such election at any time <br /> prior to Company's satisfaction thereof. <br /> 9 <br /> 4874-3828-6a24,v. 13 <br /> ..... ......... ......... <br />