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� 1 . 1 <br /> , p� i12l� PGl i � <br /> hereunder shall be limited to current or future funds within the Special Tax Allocation Fund <br /> under the terms of this Agreement, except in the event of misappropriation of funds due <br /> Developer, or willful failure to perform on behalf of the City. <br /> In the event a Defaulting Party shall fail to perform a monetary covenant which it is <br /> required to perform under this Redevelopment Agreement, it shall not be deemed to be in default <br /> under this Redevelopment Agreement unless it shall have failed to perform such monetary <br />, covenant within ten (10) days of its receipt of a notice from a Non-defaulting Party specifying <br /> that it has failed to perform such monetary covenant. In the event a Defaulting Party fails to <br /> perform any nonmonetary covenant as and when it is required to under this Redevelopment <br /> Agreement, it shall not be deemed to be in default if it shall have cured such default within thirty <br /> (30) days of its receipt of a notice from a Non-defaulting Party specifying the nature of the <br /> default, provided, however, with respect to those nonmonetary defaults which are not capable of <br /> being cured within such thirty (30) day period, it shall not be deemed to be in default if it <br /> commences curing within such thirty (30) day period, and thereafter diligently and continuously <br /> prosecutes the cure of such default until the same has been cured. <br /> Upon a breach of this Agreement, the Non-defaulting Party, in any court of competent <br /> jurisdiction, by an action or proceeding at law or in equity, may enforce this Agreement or may <br /> be awarded damages for failure of performance including attorneys' and professional fees and <br /> costs, or both. <br /> Failure of the City to reimburse Developer, or the holder of any Note issued hereunder, <br /> for eligible project costs due to insufficient funds generated within the Special Ta.�c Allocation <br /> Fund shall not be deemed a default on the part of the City. <br /> 8. TIME: FORCE MAJEURE <br /> For this Agreement, time is of the essence; provided however, Developer or City shall not <br /> be deemed in default with respect to any obligations of this Agreement on its part to be <br /> performed if Developer or the City fails to timely perform the same and such failure is due in <br /> whole, ar in part, to any strike, lock-out, labor trouble (whether legal or illegal), civil disorder, <br /> inability to procure materials, weather conditions, wet soil conditions, failure or interruptions of <br /> power, restrictive governmental laws and regulations, condemnation, riots, insunections, war, <br /> fuel shortages, accidents, casualties, Act of God, acts caused directly or indirectly by the other <br /> party (or the other party's agents, employees or invitees) or third parties, or any other cause <br /> beyond the reasonable control of Developer or the City. <br /> 9. AMENDMENT <br /> This Agreement, and any exhibits attached hereto, may be amended only by the mutual <br /> consent of the Parties evidenced by a written amendment, by the adoption of an ordinance or <br /> resolution of the City approving said written amendment, as provided by law, and by the <br /> execution of said written amendment by the Parties or their successors in interest. <br /> Page 13 of 29 <br />