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20�106937 20041�247 ' 1. .a�1EVDyiEYTS. .�nv smendment to this .��eemenc o� :iriy reiated documen� �hall be made in �vriting, c�uly approved and zxecuced by che Ci�y and Hearcland, nonvichstanding any verbal or infonnal understanding or commitment ro the cantrary, Provided that upon the issuance of che Building Bonds a.nd the sssi�uneat of rhe right to receive basic rent under this :��reement pursuant co che Building Bond Indenture, no amendmenr to rhis :��eement shall be made �vhich reduces the amount of basic rent due here�inder unless such amendment has been �onsented to by the Trustee and by the reg.istered owners of rhe BuiIding Bonds then outstandin� as ;xnd ro the zstenc required under rhe terms of the Buil+�in, Bonds Indenture. ?'. SE VER.�BILITY. If any provision of this �greement shall be held or deemed to be, or shali in fact be, inoperative or unent'orceable as applied in any particulaz case, for any rea- son, such circumstance shall not have the effect of rendering the provision in question inopera- tive a.nd unenforceable in any other case or circumstances, or rendering any other provision or provisions herein, invalid, inoperative or unenforceable to any eYtent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this .�greement shall not affeci the remaining portions of this :�greement or any part hereof. The headings of paragraphs are to be deemed intutmational only and shall not be construed as terms; or conditions of ctus agreement. ?3. SPECIFIC PERFURIV[A►NCE REQUIRED. �I'he City and Hea�rtiand shall each be entitled to specific performance and injunctive and other �quitable reiief for any breach ar threatened breach of any of the provisions of this :��eement, notwithstanding the availabiliry of an adequate remedy at taw, and each party hereby waives the right to raise such defense in any proceeding in equity. The specific remedies provided in this ��eement are cumalative and not exclusive of any other remedy. The failure of either pacty to insist in one or more cases upon strict perfomiance shall not be coast�ued as a waiver or relinquishmeni of performance for the future. vo accep�ance of payments &om the City by Heartland or the Trustee with kaawledge of any default by zither party, shall b� deemed a waiver of such defaul� ?�. LEGAI. YOTICE :�ND CORRECTION OF DEFAULT. Either party to this rlgreement shall notify the other in writing if it deems there is a default in any of the provisions of this �greement or any related documents. Such notice may be delivered in hand„ by first-class U.S. mail or using electronic media, without limitation. The party to whom notice is sent shall have thirty (34) days from the receipt of the notice to respond in writing establishing that there is np default or to correct the condirion creating the default, provided that any default in payment of basic rent shall be cured immediately upon receipt of notice. If either party has created a default which is not removed in accordance with this paza�raph and such other provisions of this Agreement as applied, the non-defaulting party may e:cereise ics rights in the manner provided ia this A,areement or as provid� at taw or in equity to enforce its rights under this Agreement. The addresses to wluch notices are to be sent as of the date of approval and esecution af this Agree- ment are: t�