My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
75E - PH 2525 MAIN ST
Clerk
>
Agenda Packets / Staff Reports
>
City Council (2004 - Present)
>
2019
>
02/05/2019
>
75E - PH 2525 MAIN ST
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
2/1/2019 4:04:49 PM
Creation date
2/1/2019 3:58:07 PM
Metadata
Fields
Template:
City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75E
Date
2/5/2019
Destruction Year
2024
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
378
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
55394.00002\31553187.10 <br />10.5 Section Headines. All section headings and subheadings are <br />inserted for convenience only and shall not affect any construction or interpretation <br />of this Agreement. <br />10.6 Singular and Plural. As used herein, the singular of any word <br />includes the plural. <br />10.7 Joint and Several Obligations. If at any time during the Term of <br />this Agreement the Property is owned, in whole or in part, by more than one <br />OWNER, all obligations of such OWNERS under this Agreement shall be joint and <br />several, and the default of any such OWNER shall be the default of all such <br />OWNERS. Notwithstanding the foregoing, no OWNER of a single lot that has <br />been finally subdivided and sold to such OWNER as a member of the general <br />public or otherwise as an ultimate user shall have any obligation tinder this <br />Agreement except as expressly provided for herein. <br />10.8 Time of Essence. Time is of the essence in the performance of the <br />provisions of this Agreement as to which time is an element. <br />10.9 Waiver. Failure by a party to insist upon the strict performance of <br />any of the provisions of this Agreement by the other party, or the failure by a party <br />to exercise its rights upon the default of the other party, shall not constitute a <br />waiver of such party's right to insist and demand strict compliance by the other <br />party with the terms of this Agreement thereafter. <br />10.10 No Third Party Beneficiaries. This Agreement is made and entered <br />into for the sole protection and benefit of the parties and their successors and <br />assigns. No other person shall have any right of action based upon any provision <br />of this Agreement. <br />10.11 Force Majeure. Neither party shall be deemed to be in default <br />where failure or delay in performance of any of its obligations under this <br />Agreement is caused by: (1) strikes, lockouts or labor disputes; (2) inability to <br />obtain labor or materials or reasonable substitutes therefor, (3) inclement weather <br />which delays or precludes construction; (4) acts of God, including but not limited to <br />earthquakes, or the public enemy or civil conunotion; (5) condemnation, (6) fire or <br />other casualty; (7) shortage of fuel, electricity or natural gas; (8) action or <br />nonaction of public utilities or of local, state or federal governments, affecting the <br />work, including, but not limited to, any delays in the permitting process as a result <br />of the action or inaction or such governmental authorities; (9) criminal acts or acts <br />of terrorism; or (10) other conditions similar to those enumerated above which are <br />beyond the reasonable anticipation or control of such Party, or other causes beyond <br />the Party's reasonable control. If any such events shall occur, the term of this <br />Agreement and the time for performance shall be extended for the duration of each <br />such event, , provided that the Term of this Agreement shall not be extended under <br />any circumstances for more than five (5) years. <br />10.12 Mutual Covenants. The covenants contained herein are mutual <br />covenants and also constitute conditions to the concurrent or subsequent <br />-24- <br />75E-1 50 <br />24_ <br />75E-150 <br />
The URL can be used to link to this page
Your browser does not support the video tag.