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<br />(b) Pursue such other remedies which may be available to 65 LaPorte at law
<br />or in equity, including, without limitation, the right to enforce specific performance of
<br />Port Crossing's obligations hereunder.
<br />
<br />Section 3.2. Rights Upon Occurrence of a Default by 65 LaPorte. A "65 LaPorte
<br />Default" means the failure of 65 LaPorte to perform any obligation, covenant or agreement of
<br />65 LaPorte set forth in this Agreement and the failure to cure such default within thirty (30) days
<br />following written notice from Port Crossing or the City of such failure or breach of this
<br />Agreement. At any time following the occurrence of a 65 LaPorte Default which remains
<br />uncured, Port Crossing may elect to do the following:
<br />
<br />(a) If the 65 LaPorte Default involves a failure to pay such 65 LaPorte's
<br />Proportionate Share of the Project, or an Additional Cost, Port Crossing may pay the
<br />amount necessary to cure the 65 LaPorte Default and prevent construction on the Project
<br />from ceasing, provided that 65 LaPorte shall repay the amount paid by Port Crossing to
<br />cure the 65 LaPorte Default together with interest at an interest rate of fifteen percent
<br />(15%) per annum no later than thirty (30) days after such payment by Port Crossing; and
<br />
<br />(b) Pursue such other remedies which may be available to Port Crossing at
<br />law or in equity, including, without limitation, the right to enforce specific performance
<br />of 65 LaPorte's obligations hereunder.
<br />
<br />ARTICLE IV
<br />
<br />MISCELLANEOUS
<br />
<br />Section 4.1. Port Crossing's Indemnity. Port Crossing agrees to indemnify, defend,
<br />protect and hold harmless 65 LaPorte and its respective officers, directors, partners, shareholders,
<br />managers, members, agents and employees from and against any suit, demand, claim, cause of
<br />action, loss, damage, injury, cost, liability or expense, including investigation costs and
<br />attorney's fees, consultant fees, and expert witness fees that arise, or are alleged to have arisen,
<br />from the negligent acts or omissions or willful misconduct of Port Crossing or Port Crossing's
<br />officers, directors, managers, employees, partners, agents and contractors in connection with the
<br />construction of the Project, which indemnification obligation shall be subject to the laws of
<br />comparative negligence.
<br />
<br />Section 4.2. 65 LaPorte's Indemnity. 65 LaPorte agrees to indemnify, defend, protect
<br />and hold harmless Port Crossing and their respective officers, directors, partners, shareholders,
<br />managers, members, agents and employees from and against any suit, demand, claim, cause of
<br />action, loss, damage, injury, cost, liability or expense, including investigation costs and
<br />attorney's fees, consultant fees, and expert witness fees that arise, or are alleged to have arisen,
<br />from the negligent acts or omissions or willful misconduct of 65 LaPorte or 65 LaPorte's
<br />officers, directors, partners, managers, employees, agents and contractors in connection with the
<br />construction of the Project, which indemnification obligation shall be subject to the laws of
<br />comparative negligence.
<br />
<br />H-Public _ Right_ of_ Way- Improvement_and ]undinlL Agreement_ v9(738385 _9)[I].DOC 5
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