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Agreement and, subject to Section 4.02, may terminate this Agreement if CTMC: <br />1. fails to complete the construction of the Hospital Expansion by the date <br />for the Completion of the Hospital Expansion provided in Section 2.01(a); <br />2. refuses, fails or neglects to comply with any of the terms of this <br />Agreement, including the provision for the creation and retention of jobs; <br />3. made or makes any representation in relied upon by the City in entering <br />into this Agreement or in any Application for Payment to the City or subsequent request <br />or submission to the City relating to this Agreement that is false or misleading in any <br />material respect; or <br />4. allows ad valorem taxes, if applicable, owed to or other fees due the City <br />to become delinquent. <br />Section 4.02. Notice for Certain Types of Default. If the City Manager determines that <br />CTMC is in default of this Agreement on a basis other than the failure to complete the Hospital <br />Expansion within the time period provided in this Agreement, failure to create and retain Eligible <br />Positions or to pay ad valorem taxes, if applicable, or to pay other fees due the City, the City <br />Manager will notify CTMC in writing of such default, and if the default is not cured within 30 <br />days from the date of the notice, then the City Manager may terminate this Agreement. <br />Section 4.03. Remedies not Exclusive. The City may exercise its remedies for default in <br />conjunction with one another or separately, and together with any other statutory or common law <br />remedies available to the City. Any failure by the City to enforce this Agreement with respect to <br />one or more defaults by CTMC will not waive the City's ability to enforce the Agreement after <br />that time. <br />Page 6 of 12 <br />