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Last modified
7/17/2007 2:40:09 PM
Creation date
6/12/2006 2:40:27 PM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3632
Planning Files - Type
Planning-Other
Project Name
Rosedale Center Transit Hub
Status
Non-Active
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<br /> <br />to <br />pursuant to Section 3.5 <br /> <br />that <br />Agreement. <br /> <br />(b) If R TB or City fails to do any construction, maintenance or repair work to be <br />done by either of them pursuant hereto, or fails to fulfill any other obligation of either <br />under this Agreement, and if such failure continues for a period of 10 (10) business days <br />after notice of such failure, specifying the same, is given to the RTB, then Equitable may <br />at its option, either: <br /> <br />(i) do such work which the RTB or the City has failed to do, or ful !ill <br />such obligation, and the City and the R TB agree to pay all costs, Incurred <br />by Equitable in doing such w~ or fulfilling such obligation, including <br />reasonable attorneys' fees, with interest on such costs at 12% per annum <br />from a date 10 (10) days after notice of such costs is given to the R TB, <br />until paid; or <br /> <br />(ii) terminate this Agreement. If Equitable elects to terminate this <br />Agreement, it shall do so by an additional notice to the R TB 80 stating <br />such intent, and if such failure continues for an additional ten (to) business <br />days after such additional notice Is given to the RTB, then Equitable may <br />proceed to termlna.te this Agreement by additional notice to the RTB, <br />which notice shall specifY the date of termination, which shall be not <br />earlier than 30 days after the date of such notice. If this Agreement be so <br />terminated, then, after the date of such termination the City and the RTB, <br />and all other persons authorized by Section 3.1 hereof to use the Transit <br />Facilities and by Section 4.1 hereof to use the Park and Ride Area, shall <br />cease using the Transit Facilities and the Parle and Ride Area, and <br />Equitable, the City and the RTB shall have no liability or obligation under <br />this Agreement, except for obligations accruing prior to such termination, <br />and specifically, without limitation, Equitable shall have no obligation to <br />mal:e any reimbursement to any person pursuant to Section 3.5, or any <br />other provision, of this Agreement. <br /> <br />(c) The City, the RTB and Equitable shall also have available all other remedies <br />then allowed at law or in equity, including mandatory injunction, to enforce any of the <br />obligations and duties of any party hereto or to recover damages for default therein. <br /> <br />(d) All of the remedies available to City, RTB and Equitable shall be usable and <br />enforceable separately or COIlCl.U'I'ently, and the use of one remedy shall not waive or <br />preclude the use 01 one or more of the other remedies. Also, the failure to exercise, or <br />delay in exercising any remedy shall not preclude any party from thereafter exercising <br />any of its remedies for the same or a subsequent failure or refusal. Equitable agrees to <br />pay to the City and to R TB and the City and R TB agree to pay to Equitable any and all <br />
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