2011_0620_packet - Laserfiche WebLink

Home

332 (2) The City may cancel and rescind the Agreement and the TIF Note. 333 3) The City may take any action, including legal or administrative action, in law or 334 equity, which may appear necessary or desirable to enforce performance and observance of any 335 obligation., agreement,, or covenant of the Developer under this Agreement. 336 Section. 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to 337 the City is intended to be exclusive of any other available remedy or remedies, but each and 338 every such remedy shall be cumulative and shall be in addition to every other remedy given. 339 under this Agreement or now or hereafter existin. g at law or in equity or by statute. No delay or 34O omission to exercise any right or power accruing upon any default shall impair any such right or 341 power or shall be construed to be a waiver thereof, but any such right and power may be 342 exercised from time to time and as often as may be deemed expedient. 343 Section. 4.4 No Implied waiver. In. the event any agreement contained in this 344 Agreement should be breached by any party and thereafter waived by any other party, such 345 waiver shall be limited to the particular breach so waived and shall not be deemed to waive any 346 other concurrent, previous or subsequent breach hereunder. 347 Section. 4.5 Agreement to Pay Attorney's Pecs and Expenses. Whenever any Event of 348 Default occurs and the City shall employ attorneys or incur other expenses for the collection. of 349 payments due or to become due or for the enforcement or performance or observance of any 350 obligation or agreement on the part of the Developer herein contained, the Developer agrees that 351 it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other 352 expenses so incurred by the City. 353 Section. 4.6 Indemnification. of City. 354 1 The Developer releases from and covenants and agrees that the City, its governing 355 body members, officers, agents, including the independent contractors, consultants and legal 356 counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively 357 the "Inde mnified Parties" ) shall not be liable for and agrees to indemnify and hold harmless the 358 Indemnified Parties against any loss or damage to property or any injury to or death of any 359 person occurring at or about or resulting from any defect in the Project, provided that the 360 foregoing indemnification shall not be effective for any actions of the Inde mnified Parties that 361 are not contemplated by this Agreement. 362 Except for any willful misrepresentation or any willful or wanton misconduct of 363 the Indemnified Parties, the Developer agrees to protect and defend the Inde mnified Parties, now 364 and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, 365 action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly 366 arising from the actions or inactions of the Developer or other persons acting on its behalf or 367 under its direction or control) under this Agreement,, or the transactions contemplated hereby or 368 the acquisition, construction, installation, ownership, and operation of the Project; provided, that 369 this indemnification shall not apply to the warranties made or obligations undertaken by the City 370 in this Agreement or to any actions undertaken by the City which are not contemplated by this HE