|
7.6 Obligation to Refrain from Discrimination. Developer covenants and agrees for
<br />itself, its successors, its assigns and every successor in interest to the Property or any part
<br />thereof, that there shall be no discrimination against or segregation of any person or group of
<br />persons on account of race, color, creed, religion, sex, mental or physical disability, marital
<br />status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure
<br />or enjoyment of the Property nor shall Developer itself or any person claiming under or
<br />Enough him establish or permit any such practice or practices of discrimination or
<br />segregation with reference to the selection, location, number, use or occupancy of tenants,
<br />lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall
<br />ruin with the land and shall remain in effect for the term of the Agreement.
<br />S. DEFAULTS AND REMEDIES
<br />8.1 Event of Default. Failure or delay by either party to perform any term of provision of
<br />this Agreement within the time periods provided herein for such performance constitutes a
<br />default under the Agreement. If any party defaults in performance of its obligations,
<br />covenants or agreements hereunder, the defaulting party shall be entitled to cure the default
<br />in accordance with this section. The injured party shall give written notice of default to the
<br />party in default, specifying the default complained of by the injure party. Delay in giving
<br />such notice shall not constitute a waiver of any default nor shall it change the time of
<br />default. The defaulting party must, within thirty (30) days following service of said written
<br />notice, commence to cure, correct or remedy such failure or delay and shall complete such
<br />cure, correction, or remedy with reasonable diligence. Upon a default by Developer which
<br />is not cured within thirty (30) days following service of said notice, unless such default
<br />cannot reasonably be cured within thirty (3 0) days, in which case Developer shall have such
<br />additional time as reasonably necessary to complete such cure but no more than ninety (90)
<br />days, the City shall have the right to terminate this Agreement by delivery of written notice
<br />of termination to Developer.
<br />8.2 Institution of Legal Actions. In addition to any other rights or remedies, either party
<br />may institute legal action to core, correct or remedy any default to recover damages for any
<br />default, or to obtain any other remedy consistent with the purpose of this Agreement.
<br />8.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies
<br />expressly declared to be exclusive in this Agreement, the right and remedies of the parties
<br />are cumulative and the exercise by either party of one or more of such rights or remedies
<br />shall not preclude the exercise by it, at the same or different times, of any other rights or
<br />remedies for the sane default or any other default by the other party.
<br />8,4 Damages. In the event that the City is liable for damages to Developer, such liability
<br />shall not exceed costs incurred by the Developer in the performance of this Agreement and
<br />shall not extend to compensation for loss of future income, profits or assets; provided,
<br />however, Developer's only remedy for any breach of this Agreement by the City shall be an
<br />action for specific performance of such party's obligations.
<br />8.5 Nonrecourse Liability. Neither Developer, nor any partner of Developer, shall have
<br />any personal liability under this Agreement, or the attached Note and Deed of Trust, and any
<br />judgment, decree or order for the payment of money obtained in any action to enforce the
<br />16
<br />25B-22
<br />
|