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9.14 Force Majeure. Neither Party shall be deemed to be in default where failure or <br />delay in performance of any of its obligations under this Agreement is caused by floods, <br />earthquakes, other Acts of God, fires, epidemics or pandemics as declared by federal, state, or local <br />emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond <br />the Party's control (including the Party's employment force), court actions (such as restraining <br />orders or injunctions), or other causes reasonably beyond the Party's control, including delays by <br />any governmental entity (although the City may not benefit from this provision for a delay that <br />results from City's failure to perform its obligations under this Agreement), or an insurance <br />company of either party. If any such events shall occur, the term of this Agreement and the time <br />for performance by either Party of any of its obligations hereunder may be extended by the written <br />agreement of the Parties for the period of time that such events prevented such performance. <br />9.15 Mutual Covenants. The covenants contained herein are mutual covenants and also <br />constitute conditions to the concurrent or subsequent performance by the Party benefited thereby <br />of the covenants to be performed hereunder by such benefited Party. <br />9.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and <br />the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to <br />this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and <br />constitute covenants running with the land. Each covenant to do or refrain from doing some act <br />hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon <br />every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding <br />upon each Party and each successor in interest approved pursuant to this Agreement during <br />ownership of the Property or any portion thereof. <br />9.17 Counterparts. This Agreement may be executed by the Parties in counterparts, <br />which counterparts shall be construed together and have the same effect as if all of the Parties had <br />executed the same instrument. <br />9.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or <br />brought by a Party hereto for the purpose of enforcing, construing or determining the validity of <br />any provision of this Agreement shall be filed and tried in the Superior Court of the County of <br />Orange, State of California, and the Parties hereto waive all provisions of law providing for the <br />filing, removal or change of venue to any other court. <br />9.19 Project as a Private Undertaking. It is specifically understood and agreed by and <br />between the Parties hereto that the development of the Project is a private development, that neither <br />Party is acting as the agent of the other in any respect hereunder, and that each Party is an <br />independent contracting entity with respect to the terms, covenants and conditions contained in <br />this Agreement. No partnership, joint venture or other association of any kind is formed by this <br />Agreement. The only relationship between City and Developer is that of a government entity <br />regulating the development of private property and the Developer of such property. <br />9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and <br />provide reasonable assistance to the other to the extent contemplated hereunder in the performance <br />of all obligations under this Agreement and in the satisfaction of the Project and conditions of this <br />17 <br />