Laserfiche WebLink
AxT><c>LE xI <br />MISCELLANEOUS PROVISIONS <br />l 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 expiration or earlier termination of this Agreement. <br />l l .2 Enforced Dela~Lxtension of limes of Performance. Subject to the limitations <br />set forth below, performance 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 (l 0) days of receipt of the notice- Neither Party shall unreasonably withhold consent <br />to an extension of time pursuant to this Section. <br />Times of performance under this Agreement may also be extended in writing by the <br />mutual agreement of Developer and Agency (acting in the discretion of its Executive Director <br />unless he or she determines in his or her discretion to refer such matter to the governing board of <br />the Agency). Agency and Developer acknowledge that adverse changes in economic conditions, <br />either of the affected Party specifically or the economy generally, changes in market conditions <br />or demand, and/or inability to obtain financing to complete the work of Improvements shall 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 />l l 3 Notices. Except as otherwise specified in this Agreement, all notices to be sent <br />pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective <br />addresses specified below or to such other address as a Party may designate by written notice <br />delivered ro the other Parties in accordance with this Section. All such notices shall be sent by: <br />(i) personal delivery, in which case notice is effective upon delivery; <br />(ii) certified or registered mail, return receipt requested, in which case notice <br />shall be deemed delivered on receipt if delivery is confirmed by a return receipt; <br />~ i~s9s~-s 3 5 <br />