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(ii) constituting a breach of any term of any term of this Agreement, provided such acts <br />or omissions are not caused in whole or in part by Agent. <br />22. Default and Remedies. <br />(a) A default under this Agreement shall occur if either party violates, breaches <br />or fails to comply with any provision of, or obligation under the Agreement (including, <br />without limitation) by reason of its violation. <br />(b) Upon determination that a default has occurred, the non-defaulting party <br />shall notify the defaulting party in writing of (i) the nature of the default, (ii) the actions <br />required to be taken to cure default, and (iii) the time within which the defaulting party <br />shall respond with a showing that all required actions have been taken, taking into <br />consideration any cure period set forth in Section 6 {c) above, which cure period shall for <br />purposes of this Section 22 be applicable to both parties. <br />{c) In the event of a default, the non-defaulting party shall have the right to <br />exercise any remedy available to it by reason of the nature of such default, or such <br />appropriate relief in any court having jurisdiction, including but not limited to, specific <br />performance and injunctive relief. <br />23. Miscellaneous. <br />(a) This Agreement shall be binding upon and inure to the benefit of the successors <br />and assigns of each of the parties; provided, however, that Agent may not assign its <br />interest in the Agreement, or delegate its duties as Agent and leasing agent under this <br />Agreement, without the prior written consent of Owner. <br />(b) The rights and duties hereby granted to and assumed by Agent are those of an <br />independent contractor only. Nothing coartained herein shall be so construed as to <br />constitute the relationship hereby created between Owner and Agent as an employment, <br />partnership, joint venture, or joint agency relationship. <br />(c} No delay or omission by either party in exercising any right or remedy available <br />hereunder shall impair any such right or remedy or constitute a waiver thereof in the <br />event of any subsequent occasion giving rise to such right or availability of remedy, <br />whether of a similar or dissimilar nature. <br />{d) This Agreement may not be amended except by an instrument in writing signed <br />on behalf of both parties and approved by the Authority, whose approval shall not be <br />unreasonably withheld. <br />(e) Any notice or other communication given or made pursuant to this Agreement <br />shall be in writing and shall be deemed given if (i) delivered personally or by courier, (ii} <br />sent via telecopy, {iii) sent by overnight express delivery, or (iv) mailed by registered or <br />certified mail (return receipt requested), postage prepaid, to a party at its respective <br />12 <br />