Laserfiche WebLink
V. City, not Developer, shall pay consultants hired or assigned by City <br />to work on Developer's application from a City account under the exclusive control of City, <br />which is to be funded by Developer as set forth in this Agreement. <br />A. Except for those disclosures required by law, including, without <br />limitation, the Public Records Act, all conversations, notes, memoranda, correspondence <br />and other forms of communication by and between the City and its consultants shall be, <br />to the extent permissible by law, privileged and confidential and not subject to disclosure <br />to the Developer. <br />vii. Developer shall have no claim to, nor shall Developer assert any right <br />in any reports, correspondence, plans, maps, drawings, news releases or any and all <br />other documents or work product produced by the consultants ("Consultant Work <br />Product"); provided, however, that in the event Developer does not successfully secure <br />entitlements for the Project and the City or a subsequent developer secures entitlements <br />using the Consultant Work Product for entitlements on the Property, the City and/or <br />developer shall reimburse Developer for Developers costs for preparation of such <br />reports, correspondence, plans, maps, drawings, news releases or any and all other <br />documents. <br />C. City and Developer hereby acknowledge and agree that processing of <br />Developers application is not contingent on the hiring of any specific consultant. <br />D. City and Developer hereby acknowledge and agree that Developers duty <br />to reimburse City is not contingent upon the approval or disapproval of the proposed <br />Project, or upon the result of any action of the City. <br />E. Neither Developer nor its officers, employees or agents, shall communicate <br />with PlaceWorks, or any of the City's consultants, during the term of this Agreement <br />without prior approval of the City, unless such communication is initiated by PlaceWorks, <br />or any of the City's consultants, to obtain information about the Project which is needed <br />to prepare the Environmental Document. <br />8. Term and Termination. Absent a formal withdrawal of the Project <br />application(s), Developer shall not be entitled to terminate this Agreement. If Developer <br />does formally withdraw the Project application(s), Developer shall remain liable for all <br />costs for the Services incurred through the date of termination. The Term of this <br />Agreement shall commence upon the execution and delivery of this Agreement by all <br />parties hereto and shall terminate on the earliest to occur of: (a) the City taking final action <br />on the Project; and (b) Developer formally withdrawing its Project applications. The <br />provisions of Sections 6 through 23 (inclusive) shall survive termination of this Agreement. <br />9. Developer Default. <br />A. Should Developer fail to perform any of its obligations under this <br />Agreement, then City may, at its option, pursue any or all of the remedies available to it <br />under this Agreement, at law or in equity. <br />25D-9 <br />