Laserfiche WebLink
ARTICLE v <br /> DEVELOPER'S OPTION To TERMINATE AGREEMENT <br /> Section 5 .1 . The Develop Dot ionto....Term.inate This <br /> Agreement may be terminated by Developer, if (i) the Developer is <br /> in compliance with all material terms of this Agreement and no <br /> Event of Default has occurred; and (ii) the City fails to comply <br /> with any material term of this Agreement, and, after written <br /> notice by the Developer of such failure, the City has failed to <br /> cure such noncompliance within ninety (90) days of receipt of <br /> such notice, or, if such noncompliance cannot reasonably be cured <br /> by the City within ninety (9 o) days, of receipt of such notice, <br /> the City has not provided assurances, reasonably satisfactory to <br /> the Developer, that such noncompliance will be cured as soon as <br /> reasonably possible <br /> Section 5, . Action to Terminate 4 Termination of this <br /> Agreement pursuant to Section 5 . 1 must be accomplished by written <br /> notification by the Developer to the City within thirty (30) days <br /> after the date when such option to terminate may first be <br /> exercised. A failure by the Developer to terminate this <br /> Agreement within such period constitutes a waiver by the <br /> Developer of its rights to terminate this Agreement due to such <br /> occurrence or event. <br /> Section B.3 ■ �.J i �...y r.r y�r. - r r r i i a <br /> terminated pursuant to this Article V, this Agreement shall be <br /> from such date forward null and void and of no further effect; <br /> provided, however, the termination of this Agreement shall not <br /> affect the rights of either party to institute any action, claim <br /> or demand for damages suffered as a result of breach or default <br /> of the terms of this Agreement by the other party, or to recover <br /> amounts which had accrued and become due and payable as of the <br /> date of such termination, Upon termination of this Agreement <br /> pursuant to this Article V, the Developer shall be free to <br /> proceed with the Project at its own expense and without regard to <br /> the provisions of this Agreement, provided, however, that the <br /> city shall have no further obligations to the Developer with <br /> respect to reimbursement of the expenses set forth in Section <br /> 3 . ., <br /> VS to W 05/20/98 14 <br />