Laserfiche WebLink
9.12 Non -Discrimination. In performing its obligations under this Agreement, <br />Developer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual <br />orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable <br />law, in the recruitment, selection, training, utilization, promotion, termination or other related <br />activities. Developer affirms that it is an equal opportunity employer and shall comply with all <br />applicable federal, state and local laws and regulations. <br />9.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall <br />have any right of action based upon any provision of this Agreement. <br />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, pandemics as declared by federal, state, or local emergency <br />resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's <br />control (including the Party's employment force), court actions (such as restraining orders or <br />injunctions), or other causes beyond the Party's control, including delays by any governmental <br />entity (although the City may not benefit from this provision for a delay that results from City's <br />failure to perform its obligations under this Agreement), or an insurance company of either party. <br />If any such events shall occur, the term of this Agreement and the time for performance by either <br />Party of any of its obligations hereunder may be extended by the written agreement of the Parties <br />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 />IN <br />