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<br />thirty (30) days after written notice of the default is given to the <br />County by the Municipality; provided, however, that if not <br />reasonably possible to cure such default within the thirty (30) <br />day period, such cure period shall be extended for up to one <br />hundred eighty (180) days following the date of the original <br />notice if within thirty (30) days after such written notice the <br />County commences diligently and thereafter continues to cure. <br />(c) Remedies: <br />(1) Upon the occurrence of a default as provided in Section 9(a)(1) <br />and such default is not cured within the applicable grace period, <br />the County, in addition to all other remedies conferred by this <br />Agreement, the Municipality shall reimburse the County, in <br />whole or in part as the County shall determine, all funds <br />provided by the County hereunder. <br />(2.) Either party may institute litigation to recover damages for any <br />default or to obtain any other remedy at law or in equity <br />(including specific performance, permanent, preliminary or <br />temporary injunctive relief, and any other kind of equitable <br />remedy). <br />(3) Except with respect to rights and remedies expressly declared <br />to be exclusive in this Agreement, the rights and remedies of the <br />parties are cumulative and the exercise by any party of one or <br />more of such rights or remedies shall not preclude the exercise <br />by it, at the same or different times, of any other rights or <br />remedies for the same default or any other default. <br />(4) Any failure of a party to exercise any right or remedy as <br />provided in this Agreement shall not be deemed a waiver by that <br />party of any claim for damages it may have by reason of the <br />default. <br />(d) Termination: <br />(1) Notwithstanding anything herein to the contrary, either party shall <br />have the right to terminate this Agreement, by giving written notice <br />of termination to the other party, in the event that the other party is <br />in material breach of this Agreement. <br />(2) Termination of this Agreement by any Party is not effective until five <br />(5) business days following receipt of the written notice of <br />termination. <br />(3) Upon termination of this Agreement pursuant to Section 9(d)(1) <br />above, no party shall have any further liability or obligation to the <br />other party except as expressly set forth in this Agreement; <br />provided that no party shall be relieved of any liability for breach of <br />this Agreement for events or obligations arising prior to such <br />termination. <br /> <br />Section 10. Litigation CostsNenue: In the event that the Municipality or the <br />County institutes any action or suit to enforce the provisions of this Agreement, <br />the prevailing party in such litigation shall be entitled to reasonable costs and <br />attorney's fees at the trial, appellate and post-judgment levels. This Agreement <br />shall be governed by and construed in accordance with the laws of the State of <br />Florida. The County and the Municipality agree to submit to service of process <br />and jurisdiction of the State of Florida for any controversy or claim arising out of <br />Building Better Communities Municipal Agreement 7 of 11 <br /> <br />s, r ~ <br />