Laserfiche WebLink
D. City and Developer hereby acknowledge and agree that Developer's 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 <br />communicate with , or any of the City's consultants, during the term of <br />this Agreement without prior approval of the City, unless such communication is initiated <br />by or any of the City's consultants, to obtain information about the <br />Project which is needed 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 <br />action on the Project; and (b) Developer formally withdrawing its Project applications. <br />The provisions of Sections 6 through 23 (inclusive) shall survive termination of this <br />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 />B. Without limiting any other remedy which may be available to it, if <br />Developer fails to perform any. of its obligations under this Agreement,. City may cease <br />performing its obligations under this Agreement. <br />C. If any amounts remain owing to City for Services actually performed prior <br />to termination of this Agreement, City may bring an action to recover all costs and <br />expenses incurred by the City in completing such Services, together with interest <br />thereon from the date incurred at the rate of ten percent (10%) per annum, or at the <br />maximum legal rate, whichever is greater. <br />D. City will not take the Project forward for consideration of discretionary <br />actions unless and until all fees are paid. If any amounts remain owing to City pursuant <br />to this Agreement for Services actually performed prior to termination of this Agreement, <br />City may withhold consideration of discretionary actions, permits and/or certificates of <br />occupancy until all such amounts are paid. <br />10. Indemnification. Developer further agrees that to the fullest extent <br />permitted by law, the Developer shall defend, indemnify, protect, and hold harmless, the <br />City of Santa Ana and its constituent public agency members, officers, employees, <br />volunteers, attorneys and agents (in the aggregate, the "City Indemnitees") from any <br />and all liability, demand, claim, action, or proceeding, whether actual, alleged, or <br />threatened, including by way of example but not exclusion, proceedings of an <br />s <br />55G-9 <br />