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2020-080 - Authorizing the City to Join the Statewide Community Infrastructure Program
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2020-080 - Authorizing the City to Join the Statewide Community Infrastructure Program
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Last modified
10/22/2020 4:24:51 PM
Creation date
10/22/2020 4:23:56 PM
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City Clerk
Doc Type
Resolution
Agency
Clerk of the Council
Doc #
2020-080
Date
10/20/2020
Destruction Year
P
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Section 3.13. Successors and Assigns. This Agreement is binding upon the heirs, <br />assigns and successors -in -interest of the parties hereto. The Developer may not assign its rights <br />or obligations hereunder, except to successors -in -interest to the property within the District, <br />without the prior written consent of the Local Agency. <br />Section 3.14. Remedies in General. It is acknowledged by the parties that the <br />Local Agency would not have entered into this Agreement if it were to be liable in damages under <br />or with respect to this Agreement or the application thereof, other than for the payment to the <br />Developer of any (i) moneys owing to the Developer hereunder, or (ii) moneys paid by the <br />Developer pursuant to the provisions hereof which are misappropriated or improperly obtained, <br />withheld or applied by the Local Agency. <br />In general, each of the parties hereto may pursue any remedy at law or equity available for <br />the breach of any provision of this Agreement, except that the Local Agency shall not be liable in <br />damages to the Developer, or to any assignee or transferee of the Developer other than for the <br />payments to the Developer specified in the preceding paragraph. Subject to the foregoing, the <br />Developer covenants not to sue for or claim any damages for any alleged breach of, or dispute <br />which arises out of, this Agreement. <br />[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] <br />
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