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<br />weather, labor disputes, material shortages or unavailability of material, unavoidable
<br />casualty, acts of God, the public enemy, or other causes beyond the reasonable control of
<br />Grantee, in which case the 90-day period shall be extended by a period of time equal to
<br />any such delays; provided, that no extension shall be given for any such delay unless
<br />written notice of such delay is given to the City within ten (10) days after the
<br />commencement of the delay. Once commenced, the construction shall be completed with
<br />all due diligence as soon as possible thereafter. The City shall be the sole judge of
<br />whether Grantee is using due diligence in completing such construction.
<br />
<br />3. If any tenn, condition, or provision of this Agreement, or the application
<br />thereof to any person or circumstance, shall, to ?llY extent, be held to be invalid or
<br />unenforceable, the remainder hereof and the application of such tenn, provision, and
<br />condition to persons or circumstances other than those as to whom is shall be held invalid
<br />or enforceable shall not be affected thereby, and this Agreement, and all the tenns,
<br />provisions, and conditions hereof, shall, in all other respects, continue to be effective and
<br />to be complied with to the full extent pennitted by law.
<br />
<br />4. In the event that Grantee fails or refuses to fully comply with all of its
<br />obligations under this Agreement, or violates any of the provisions hereof, and such
<br />failure, refusal or violation continues for a period of thirty (30) days after notice thereof is
<br />given to Grantee, then, in that event, in addition to any other remedies then available to
<br />the City at law or in equity, the City shall have the right to:
<br />
<br />(a) Revoke said parking variance described in this Agreement, in which case
<br />Grantee shall immediately construct all parking spaces required by the Plan, in full
<br />compliance with the Plan and all then applicable ordinances of the City;
<br />
<br />(b) Enter upon the Property with such personnel, equipment, and materials as the
<br />City deems necessary for the purpose of performing the obligations of Grantee hereunder
<br />that it has failed or refused to perfonn, or, at the City's discretion, for the purpose of
<br />constructing some or all of the parking spaces shown on and pursuant to the Plan,
<br />whether or not then required hereunder to be constructed, without liability or obligation
<br />of any kind to Grantee or any owner or occupant of the Property for trespass or damage
<br />to the Property, the Improvements, or other property or improvements thereon or for loss
<br />of business or business interruption, or any other cause, all of which liability and
<br />obligations is hereby waived by Grantee, and if any person makes any claim against the
<br />City for loss or damage to property or business due to such entry, Grantee agrees to hold
<br />the City hannless from and indemnified against any loss, cost, damage or expense,
<br />including attorneys' fees whether suit be brought or not, arising out of such claim, and to
<br />pay to the City, upon demand ofthe City, any such loss, cost, damage or expense,
<br />including attorneys' fees, suffered or incurred by the City, with annual interest rate as
<br />established by the City and allowed by law from the date demanded until paid.
<br />
<br />(c) Obtain enforcement of this Agreement by court order for mandatory
<br />injunction or other appropriate relief; and
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