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19.14 Rights and Remedies Are Cumulative <br /> Except as otherwise expressly limited herein, the rights and remedies of the Parties are <br /> cumulative, and the exercise by a Party of one or more of such rights or remedies shall not <br /> preclude the exercise, at the same time or different times, of any other rights or remedies for the <br /> same default or any other default by the other Party. <br /> 19.15 Post Closing Sales and Transfers <br /> 19.15.1 Sales and Transfers of Residential Property <br /> Subject to the requirements set forth in this Section 19.16, OM shall have the right to <br /> freely convey or otherwise alienate all or any of the residential portions or phases of the City <br /> Property in the normal course of OM's development of the City Property when the City and OM <br /> have entered into a Rezone Development Agreement, OM has acknowledged in writing that all <br /> Key Development permits have been obtained with conditions acceptable to OM, and the City <br /> has provided to OM a Partial Certificate of Completion for the Simpson Site or Mill Site, as the <br /> case may be, and any such conveyance shall be free of the City's Repurchase Right and any <br /> other obligation of OM to the City pursuant to this Agreement; provided, however, that no such <br /> conveyance or alienation shall be made by OM of any such residential portions or phases of the <br /> City Property and the City shall not be obligated to provide a Partial Certificate of Completion <br /> releasing the appropriate portions of the Simpson Site or Mill Site, as the case may be, from the <br /> remedies set forth in Section 17.1 above unless and until the requirements for a Partial Certificate <br /> of Completion for the property being conveyed or alienated, as set forth in Section 16.2.3 above, <br /> have been satisfied. <br /> 19.15.2 Sales and Transfers of Retail Property Within the Landfill and Mill <br /> Sites <br /> In addition, subject to the requirements set forth in this Section 19.16, OM shall have the <br /> right to freely convey or otherwise alienate any retail property within the Landfill and Mill Sites <br /> to any builder, tenant, user or occupant of improvements located or to be located on such <br /> property when the City and OM have entered into a Rezone Development Agreement, OM has <br /> acknowledged in writing that all Key Development permits have been obtained with conditions <br /> acceptable to OM and the City has provided to OM a Partial Certificate of Completion pertaining <br /> to the retail property being conveyed or otherwise alienated to the builder, tenant, user or <br /> occupant. Notwithstanding anything herein to the contrary, the City shall not be obligated to <br /> provide a Partial Certificate of Completion releasing any property on the Landfill or Mill Site <br /> from the remedies set forth in Section 17.1 above unless (i) the property to which the Partial <br /> Certificate of Completion pertains is consistent with the property that is the subject of the <br /> Approved Minimum Retail Element and the sale or alienation is consistent with the Approved <br /> Minimum Retail Element and (ii) the requirements for the issuance of the Partial Certificate of <br /> Completion for the property being conveyed or alienated, as set forth in Section 16.2.3 above, <br /> have been satisfied. <br /> -57- <br /> 06107-0063'L EGA L 13023969.1 <br />