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20C - AA AMEND AGMT CARIBOU INDUSTRIES
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01/16/2018
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20C - AA AMEND AGMT CARIBOU INDUSTRIES
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Last modified
1/11/2018 6:04:07 PM
Creation date
1/11/2018 6:01:00 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
20C
Date
1/16/2018
Destruction Year
2023
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fifteen (15) days remaining in the Negotiation Period, the cure period allowed pursuant to this <br />Section 13(a) shall be automatically reduced to the number of days remaining in the Negotiation <br />Period. Nothing in this subparagraph (a) shall prohibit Developer from extending the Negotiation <br />Period pursuant to Section 2. <br />(b) The Party claiming that a default has occurred shall give written notice of <br />default to the Party claimed to be in default, specifying the alleged default. Delay in giving such <br />notice shall not constitute a waiver of any default nor shall it change the time of default. However, <br />the injured Party shall have no right to exercise any remedy for a default under this Agreement <br />without first delivering written notice of the default. <br />(c) Any failure or delay by a Party in asserting any of its rights or remedies as <br />to any default shall not operate as a waiver of any default or of any rights or remedies associated <br />with a default. <br />(d) If a default of any Party remains uncured for more than fifteen (15) calendar <br />days following receipt of written notice of such default, a "breach" of this Agreement by the <br />defaulting Party shall be deemed to have occurred. In the event of a breach of this Agreement, the <br />sole and exclusive remedy of the Party who is not in default shall be to temninate this Agreement <br />by serving written notice of termination on the Party in breach and, in the case of a breach by the <br />City, the Developer shall also be entitled to receive the Liquidated Damages Amount. <br />12. Compliance with Law. The Developer acknowledges that any future DDA, if <br />approved by the City Council, will require the Developer to, among other things, cavy out the <br />development of the Project in conformity with all applicable laws, including all applicable <br />building, planning and zoning laws, environmental laws, safety laws and federal and state labor <br />and wage laws. <br />13. Press Releases. The Developer agrees to obtain the approval of the City Manager <br />in function of any press releases Developer may propose relating to the lease or development of <br />the Property or negotiation of a DDA with the City prior to publication. <br />14. Notice. All notices required under this Agreement shall be presented (A) in person, <br />(B) by a reputable same-day or overnight delivery service, or (C) facsimile and confirmed by first <br />class certified or registered United States Mail, with return receipt requested, to the address and/or <br />fax number for the Party set forth in this Section. Notice shall be deemed confirmed by United <br />States Mail effective the third (3rd) business day after deposit with the United States Postal <br />Service. Notice by personal service or reputable same-day or overnight delivery service shall be <br />effective upon delivery. Either Party may change its address for receipt of notices by notifying <br />the other Parties in writing. Delivery of notices to courtesy copy recipients shall not be required <br />for valid notice to a Party. <br />20C-12 <br />
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