Laserfiche WebLink
,1J <br /> this Agreement or with respect to the particular Event of Default, except to the <br /> �+ extent specifically waived in writing by the City or the Redeveloper. <br /> CR <br /> 1 10.3.2 Rights and Remedies Cumulative. The rights and remedies of the parties to <br /> this Agreement (or their successors in interest) whether provided by law or by <br /> this Agreement, shall be cumulative, and the exercise by either party of any one <br /> or more of such remedies shall not preclude the exercise by it, at the time or <br /> different times, of any other such remedies for the same Event of Default by the <br /> X other party. No waiver made by either such party with respect to the <br /> 0 performance, nor the manner or time thereof, or any obligation of the other party <br /> ,0 or any condition to its own obligation under the Agreement shall be considered a <br /> waiver of any rights of the party making the waiver with respect to the particular <br /> obligation of the other party or condition to its own obligation beyond those <br /> expressly waived in writing and to the extent thereof, or a waiver in any respect <br /> in regard to any other rights of the party making the waiver or any other <br /> obligations of the other party. <br /> 10.3.3 Delay in Performance. For the purposes of any of the provisions of this <br /> Agreement except with regard to payment of real estate taxes as provided herein, <br /> neither the City, nor the Redeveloper, as the case may be, nor any successor in <br /> interest, shall be considered in breach of, or in default of, its obligations with <br /> respect to the beginning and completion of construction of the Project, the Public <br /> Projects or the Public Improvements or progress in respect thereto, in the event of <br /> enforced delay in the performance of such obligation due to unforeseeable causes <br /> beyond its control and without its fault or negligence, including,but not restricted <br /> to acts of God, acts of the public enemy, acts of federal, state or local <br /> government, acts of the federal or state judiciary, acts of the other party, fires, <br /> floods, epidemics, quarantine restrictions, strikes, embargoes, acts of nature, <br /> unusually severe weather or delays of subcontractors due to such causes; it being <br /> the purposes and intent of this provision that in the event of the occurrence of any <br /> such enforced delay, the time or times for performance of the obligations of the <br /> City or the Redeveloper with respect to the beginning and completion of the <br /> construction of the Project, the Public Projects or the Public Improvements shall <br /> be extended for the period of the enforced delay. Provided, that the party seeking <br /> the benefit of the provisions of this Section, shall within thirty (30) days after the <br /> beginning of any such enforced delay have first notified the other party thereof in <br /> writing, of the cause or causes thereof, and requested an extension of the period <br /> of enforced delay. Such extensions of schedule shall be agreed to in writing by <br /> the parties hereto. <br /> ARTICLE XI: TERMINATION OF AGREEMENT <br /> 11.1 Termination by the City. The City has the right to terminate all or part of this <br /> Agreement upon ten (10) days prior written notice to the Redeveloper as follows if any <br /> Event of Default by the Redeveloper is not cured within the time frame set forth in <br /> Article XII above. <br /> 11.2 Termination by the Redeveloper. The Redeveloper has the right to terminate all or part <br /> of this Agreement upon ten (10) days prior written notice to the City as follows if any <br /> Event of Default by the City is not cured within the time frame set forth in Article XII <br /> above. <br /> City of Decatur/Jackson Ford Redevelopment Agreement 14 <br />