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<br /> <br /> <br /> <br />use to <br />perform as soon as possible; provided, however, that completion performance <br />be delayed at any time by reason of acts of God, war, civil commotion, riots, strikes, <br />picketing or other labor disputes, unavailability of materials or labor, or damage to <br />or other activity in progress by reason of fire or other casualty, adverse weather <br />conditions or the presence or perceived presence of soil contamination, toxic or <br />hazardous waste of any kind or nature, or failure or refusal of any party hereto to approve <br />of designs or plans and. specifications pursuant 10 paragraph 1.2 hereof, or to agree to <br />payment of costs pursuant to paragraph l.4(b) hereof, or other causes beyond the <br />reasonable control of that party, then the time for performance as herein specified 6hall <br />be appropriately extended by the length of the delay actually so caused. The provisions of <br />this Section shall not operate to excuse any party from the prompt payment of any <br />moneys required by this Agreement. <br /> <br />(b) Whenever a party hereto or the RTB is obligated by this Agreement to act or <br />perfoffil, and an emergency exists, in the reasonable opinion of the RTB (if not the <br />obligated party} or the other party hereto, which can be abated or ended by such act or <br />performance, and the obligated party fails or refuses to act or perform promptly, then the <br />RTB (if not the obligated party) or the other party hereto may act iImnediate1y to abate <br />or end the emergency without giving notice or waiting for expiration of any applicable <br />grace period, and the acting party or parties may recover its or their costs and fees <br />pursuant to Article V hereof. <br /> <br />6.10. Liability Limitation. The liability of Equitable hereunder shall cease and <br />terminate once it is no longer the record owner of the Developer Parcel defined in the <br />Restatement of Operating Agreement for Rosedale dated as of Febmary 24,1976, as the <br />same may now or hereafter be amended and as the definition of Developer Parcel may be <br />now or hereafter changed by amendments of said Restatement of Operating Agreement <br />except however, for liabilities that accmed while such a record owner. All future record <br />owners of such Developer Parcel shall be deemed to have assumed and agreed to keep <br />and perform the obligations of Equitable hereunder while they are record owners of such <br />Developer Parcel but such liability shall cease and terminate when any such future record <br />owner is no longer a record owner of such Developer Parce 1 except, however, for such <br />liabilities that accmed while such a record owner. <br /> <br />6.11. Eminent Domain. If all or any part of Rosedale, or the Transit Facilities. or <br />the Park and Ride Area shall be acquired, temporarily or permanently, by the power of <br />eminent domain, or by conveyance under threat of eminent domain, no part of the award <br />or consideration for such acquisition or conveyance shall belong to or be paid to the City <br />or to the RTB. However, nothing herein shall preclude City and the RTB from seeking <br />and recovering on its or their own account from the condemning or acquiring authority <br />any award or compensation attributable to the taking or purchase of any improvements, <br />chattels or fixtures belonging to City or the R TB, or for the removal or relocation of the <br />