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. '..........:'.. J ) .-- not or can or by act or party fails or act or perform promptly, not obligated party) or the party hereto may act immedia.tely to abate or end the emergency giving notice or waiting tor expiration of any appbble grace period, acting pariy or parties may recover or their costs fees Article V hereof. 6.10. Liability Limitation. The Uability of Equitable hereunder cease and terminate once.it is no longer the record owner of the Developer q defined in the Restatement of Opera.ting Agreemem for RosedaIe dated as of February 24, 1976, as the sante may now or herea.fter be.amended, and as the deiinitfon of Developer Parcel may be now or hereafter changed by amendments &aid Restatement of Operating Agreement, except" however, for llabillties that acaued while such a record owner. All future record Owners of such Developer Parcel shall be deemed to have assumed and agreed to keep and perform the obligations of Equitable hereunder while they are record owners of such Developer Parcel, but such liability shall cease and terminate when any such future record owner is no longer a record owner of such Developer Parcel except, however, for such Habllifies that accrued whUe such a record owner. 6.11. Eminent DomaiU. Jl all or any part of Roseda1e, or the Transit Facilities,. or the Park and Ride Area shall he acquired, temporarily or ,permanently, by the power of eminent do~ or by conveyance under threat of eminent "".domafn, no part of the award or consideration for such acquJsilion or conveyance shall belong to or be paid to the City or to the RTB. However, nothing herein shall preclude City and the Rn from seeking and recovering on its or their own account from the condemning or acquiring authority any award or compensation attributable to the taking or purchase of any improvements, ch.attels or fixtures belonging to City or the RTB, or for the removal or relocation of the bus routes of the RTB, or for the interruption of the RTB's business. 6.12. ~erabmtt. If any term, condition or provision of this Agreement, or the appUcation thereof to any person or circumstance, shall, to any extent, he held to be invalid or unenforceable, the remainder hereof and the application of such ~ provision and condition to persons or circumstances other than those as to when or which it sha1I be held Invalid or unenforceable shall not be aHected thereby, and this Agreement, and all of the terms, provisions and conditions hereof, shalL in an other respects, continue to be effective and to be complied with to the full extent perm!t;ted by law. 6.13. No Setoff. Any payment ot money to be made by any party or person pursuant to this Agreement shall be made without sefoH or reduction of any -22-