Laserfiche WebLink
<br />Agency and City a certificate showing that the required insurance has been reinstated or provided <br />through another insurance company or companies. Upon failure to so file such certificate, <br />Agency or City may, without further notice and at its option, procure such insurance coverage at <br />Owner's expense, and Owner shall promptly reimburse Agency or City for such expense upon <br />receipt of billing from Agency or City. <br /> <br />(e) The insurance policies specified in this Article shall be provided by a reputable <br />company or companies, licensed to do business in California with an A.M. Best's rating of not <br />less than A:VII. <br /> <br />ARTICLE XI <br /> <br />MISCELLANEOUS PROVISIONS <br /> <br />11.1 No Brokers. Each Party warrants and represents to the other that no person or <br />entity can properly claim a right to a real estate commission, brokerage fee, finder's fee, or other <br />compensation with respect to the transactions contemplated by this Agreement. Each Party <br />agrees to defend, indemnify and hold harmless the other Party from any claims, expenses, costs <br />or liabilities arising in connection with a breach of this warranty and representation. The terms <br />of this Section shall survive the close of escrow and the expiration or earlier termination of this <br />Agreement. <br /> <br />11.2 Enforced Delay; Extension of Times of Performance. Subj ect to the limitations set <br />lorti. below, perfornmnce by either Party shall not be deemed to be in default, and all <br />performance and other dates specified in this Agreement shall be extended where delays are due <br />to: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, <br />acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, governmental <br />restrictions or priority, litigation, including court delays, unusually severe weather, acts or <br />omissions of the other Party, acts or failures to act of the City or any other public or <br />governmental agency or entity (other than the acts or failures to act of Agency which shall not <br />excuse performance by Agency), or any other cause beyond the affected Party's reasonable <br />control. An extension of time for any such cause shall be for the period of the enforced delay <br />and shall commence to run from the time of the commencement of the cause, if notice by the <br />Party claiming such extension is sent to the other Party within thirty (30) days of the <br />commencement of the cause and such extension is not rejected in writing by the other Party <br />within ten (10) days of receipt ofthe notice. Neither Party shall unreasonably withhold consent <br />to an extension of time pursuant to this Section. <br /> <br />Times of performance under this Agreement may also be extended in writing by the <br />mutual agreement of Owner and Agency (acting in the discretion of its Executive Director unless <br />he or she determines in his or her discretion to refer such matter to the gov~ming hoard of the <br />Agency). Agency and Owner acknowledge that adverse changes in economic conditions, either <br />of the affected Party specifically or the economy generally, changes in market conditions or <br />demand, and/or inability to obtain financing to complete the work ofImprovements shah not <br />constitute grounds of enforced delay pursuant to this Section. Each Party expressly assumes the <br />risk of such adverse economic or market changes and/or financial inability, whether or not <br />foreseeable as of the Effective Date. <br /> <br />818642.2 <br /> <br />20 <br />