|
hereto, the Agency and City shall have no rights, powers, duties or obligations with respect to the
<br />development, operation, maintenance or management of the Improvements.
<br />2115. Plans and Data. Where Developer does not proceed with the work and construction
<br />of the Property, and when this Agreement is terminated with respect thereto for any reason,
<br />Developer shall deliver to Agency/City any and all plans and data concerning the Property, and
<br />Agency/City or any person or entity designated by Agency/City shall have the right to use such plans
<br />and data without compensation to Developer. Such right of Agency/City shall be subject to auy right
<br />of the preparer of the plans to their use. .A
<br />2116. Authority to Enter Agreement. Each undesi~iied represents and warrants that its
<br />signature hereinbelow has the power, authority and right xg b~d,their respective parties to each of the
<br />terms of this Agreement, and shall indemnify the Agency;and City"fully, including reasonable costs
<br />and attorney's fees, for any injuries or damages to Agency/City m tlie.,event that such authority or
<br />power is not, in fact, held by the signatory or is wtthdrawn.
<br />2117. Agency and City Approvals an
<br />authority of this Agreement and the authority to
<br />Director (or his duly authottized representative).
<br />make approvals, issue interpretations,: w~iye p
<br />Agreement on bohalf of the Agency so long'ds sup
<br />the uses or development petrtritted on the Prope
<br />incurred or to be incurred by. the Agency as, sp
<br />waivers and/or amendtnenis~may illchrde eztensic
<br />of Performance. All other matarii{L,~nd/rn~ subSta
<br />require the eonsideratioii,;action and written con
<br />Executive Director may~trah~fer and:asyign the a
<br />the City at apy+time, upon givipg~t]91ice to Develo
<br />d A,etions. The Agency an~1;,City shall maintain
<br />implement this,Agt'eement 'thiough the Executive
<br />The'Executive~Ditector shall have-'the authority to
<br />rovisions; a(id/or enter into amendments of this
<br />;h actions do igll materially or substantially change
<br />cty,:;or materially,,9r substantially add to the costs
<br />eci~ed horein, andsuch approvals, interpretation,
<br />ins of time to,perforri~ as specified in flee Schedule
<br />ntiahinterpretations, waivers, or amendments shall
<br />sent of the Agency Board and City Council. The
<br />utltority to this Agreement to the City Manager of
<br />per but without Developer's approval.
<br />signed in multiple cortnterpatts which, when
<br />t and shall be deemed to be an original.
<br />2119 :[ ;`Keel Estate Br'olferage Commission. The Agency, the City and the Developer each
<br />represent and rvan~ut to the otht<r,~that no broker or finder is entitled to any commission or finder's
<br />fee in connection w~t)a the I oaii's.?i The patties each agree to defend and hold harmless the other
<br />parties from any clanrt t4 any such'=;'commission or fee from any broker, agent or finder with respect
<br />to this Agrcemont which-ts pa~aUl~' by such party.
<br />2120. Attorney's Fees. In any action between the parties to interpret, enforce, reform,
<br />modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement,
<br />the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any
<br />other relief to which it might be entitled, reasonable costs and expenses including, without limitation,
<br />litigation costs and reasonable attorneys' fees.
<br />2121. Ltterpretation. As used in this Agreement, masculine, feminine or neuter gender
<br />and the singular or plural number shall each be deemed to include the others where and when the
<br />context so dictates. The word "including" shall be construed as if followed by the words "without
<br />limitation." This Agreement shall bo interpreted as though prepared jointly by both parties.
<br />62
<br />
|