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<br />1 casualty, acts of God, the public enemy, or other causes beyond the reasonable control of
<br />2 Grantee, in which case the 90-day period shall be extended by a period of time equal to
<br />3 any such delays; provided, that no extension shall be given for any such delay unless
<br />4 written notice of such delay is given to the City within ten (10) days after the
<br />5 commencement of the delay. Once commenced, the construction shall be completed with
<br />6 all due diligence as soon as possible thereafter. The City shall be the sole judge of
<br />7 whether Grantee is using due diligence in completing such construction.
<br />8
<br />9 3. If any term, condition, or provision of this Agreement, or the application
<br />10 thereof to any person or circumstance, shall, to any extent, be held to be invalid or
<br />11 unenforceable, the remainder hereof and the application of such term, provision, and
<br />12 condition to persons or circumstances other than those as to whom is shall be held invalid
<br />13 or enforceable shall not be affected thereby, and this Agreement, and all the terms,
<br />14 provisions, and conditions hereof, shall, in all other respects, continue to be effective and
<br />15 to be complied with to the full extent permitted by law.
<br />16
<br />17 4. In the event that Grantee fails or refuses to fully comply with all of its
<br />18 obligations under this Agreement, or violates any of the provisions hereof, and such
<br />19 failure, refusal or violation continues for a period of thirty (30) days after notice thereof is
<br />20 given to Grantee, then, in that event, in addition to any other remedies then available to
<br />21 the City at law or in equity, the City shall have the right to:
<br />22
<br />23 (a) Revoke said parking variance described in this Agreement, in which case
<br />24 Grantee shall immediately construct all parking spaces required by the Plan, in full
<br />25 compliance with the Plan and all then applicable ordinances of the City;
<br />26
<br />27 (b) Enter upon the Property with such personnel, equipment, and materials as the
<br />28 City deems necessary for the purpose of performing the obligations of Grantee hereunder
<br />29 that it has failed or refused to perform, or, at the City's discretion, for the purpose of
<br />30 constructing some or all of the parking spaces shown on and pursuant to the Plan,
<br />31 whether or not then required hereunder to be constructed, without liability or obligation
<br />32 of any kind to Grantee or any owner or occupant of the Property for trespass or damage
<br />33 to the Property, the Improvements, or other property or improvements thereon or for loss
<br />34 of business or business interruption, or any other cause, all of which liability and
<br />35 obligations is hereby waived by Grantee, and if any person makes any claim against the
<br />36 City for loss or damage to property or business due to such entry, Grantee agrees to hold
<br />37 the City harmless from and indemnified against any loss, cost, damage or expense,
<br />38 including attorneys' fees whether suit be brought or not, arising out of such claim, and to
<br />39 pay to the City, upon demand of the City, any such loss, cost, damage or expense,
<br />40 including attorneys' fees, suffered or incurred by the City, with annual interest rate as
<br />41 established by the City and allowed by law from the date demanded until paid.
<br />42
<br />43 (c) Obtain enforcement of this Agreement by court order for mandatory
<br />44 injunction or other appropriate relief; and
<br />45
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