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hereunder unless the City either approves, consents to, or acquiesces in such proceedings, or such proceedings are not dismissed within 60 days. 13.1.5. An order, judgment or decree is entered, without the application, approval or consent of the City, by any court of competent jurisdiction approving the appointment of a receiver, trustee or liquidator of the Commission of all or a substantial part of its assets, and such order, judgment or decree shall continue in effect for a period of 60 days. 14. Remedies of the City. Upon the occurrence of an Event of Default, the City may exercise, singly or in combination, any or all of the rights, powers and privileges set forth in this Agreement, the Cooperative Agreement and any other agreements or instruments to which the City is a party and which relate to the Project Grant Funds and the Remediation Work, at law or in equity, at any time and from time to time. 15. Secure Site. In the event of Default, the Commission shall secure the Property. The cost of securing the Property is the responsibility of the Commission. If the Commission fails to secure the Property within 24 hours of a Notice of Default, the City may, but shall not be required to do so, at the Commission's sole cost. 16. Interpretation of Contract Documents. To the extent that it is determined that a conflict exists between this Agreement and the Cooperative Agreement, all such agreements and documents shall be construed in such manner as will give the maximum effect to each but, as to any conflict which may not be so resolved, the terms and conditions of the Cooperative Agreement shall control. 17. Miscellaneous. 17.1. No delay or failure of the City shall affect such right, power or privilege; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or privilege affect such right, power or privilege. The rights and remedies of the City hereunder are cumulative and not exclusive. Any waiver, permit, consent or approval of any kind of the City of any breach or default hereunder, or any such waiver of any provisions or conditions hereof, must be in writing and shall be effective only to the extent set forth in writing. 17.2. The Commission shall not assign or attempt to assign directly or indirectly, any of its rights under this Agreement or under any instrument referred to herein without the prior written consent of the City. The Commission shall not assign all or any portion of the Property made the subject of this Agreement without the prior written consent of the City. 17.3. This Agreement is not intended to create or vest any rights in any third party or to create any third party beneficiaries. 17.4. All amendments to this Agreement shall be in writing and signed by both parties hereto. 17.5. It is expressly understood that a failure or delay on the part of the Commission in the performance, in whole or in part, or any of the terms of this Agreement, if such failure is attributable to an Act of God, fire, flood, riot, insurrection, embargo, emergency or governmental 12