Laserfiche WebLink
of such financing not caused by any act or omission of Owner; war; insurrection; strikes; lockouts; <br />riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; acts of terrorism; <br />epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental <br />restrictions or priority; building moratoria; unusually severe weather; acts or omissions of the other <br />party; acts or failures to act of any other public or governmental agency or entity (other than the acts <br />or failures to act of the City which shall not excuse performance by the City); or any other causes <br />beyond the control or without the fault of the party claiming an extension of time to perform. <br />Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause <br />shall be for the period reasonably attributable to the enforced delay and shall commence to run from <br />the time of the commencement of the cause. Times of performance under this Agreement may also <br />be extended in writing by the mutual agreement of the Parties. <br />9.11 Recording. The City Clerk shall cause a copy of this Agreement to be <br />recorded with the Office of the County Recorder of Orange County, California, within ten (10) days <br />following the Effective Date of this Agreement. <br />9.12 Subdivision of Project. The City agrees that, pursuant to the Applicable <br />Rules, Owner may modify the boundaries of existing lots of the Property within the Property by <br />means of lot line adjustments. This Section 9.12 shall survive termination of this Agreement. <br />9.13 Severability. If any provisions, conditions, or covenants of this Agreement, <br />or the application thereof to any circumstances of either Party, shall be held invalid or unenforceable, <br />the remainder of this Agreement or the application of such provision, condition, or covenant to <br />persons or circumstances other than those as to whom or which it is held invalid or unenforceable <br />shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. <br />9.14 Waiver. No waiver of any provision of this Agreement shall be effective <br />unless in writing and signed by a duly authorized representative of the Party against whom <br />enforcement of a waiver is sought and such waiver refers expressly to this Section. No waiver of any <br />right or remedy in respect of any occurrence or event shall be deemed a waiver of any right or <br />remedy in respect of any other occurrence or event. <br />9.15 No Personal Liability. No board member, councihnember, official or <br />employee of the City shall be personally liable to Owner nor shall any individual, principal, partner, <br />member or shareholder of Owner be personally liable to City in the event of any default or breach. <br />9.16 Conditions of Discretionary Approvals. Entitlements shall be governed by <br />the terms of the approvals of such Entitlements and, in no event, shall such Entitlements be affected <br />by the termination, rescission, revocation, Default or expiration of this Agreement. <br />9.17 Precedence. In the event of a conflict between the terms of this Agreement <br />and the terms of the Entitlements, the terms of this Agreement shall prevail. <br />22 <br />DOC SOC/ 1 110339v 11 /24579-0001 <br />75A-35 <br />