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9. Confidentiality; Dissemination of Information. During the Term, each Party shall obtain <br /> the consent ofthc other Party prior to issuing or permitting any of its officers, employees or <br /> agents to issue any press release or other information to the press with respect to this Agreement; <br /> provided however, no Party shall be prohibited from supplying any information to its <br /> representatives, agents, attorneys, advisors, financing sources and others to the extent necessary <br /> to accomplish the activities contemplated hereby so long as such representatives, agents, <br /> attorneys, advisors, financing sources and others are made aware of the terms of this Section. <br /> Further, the Parties shall not release or disclose the contents of any study or report prepared for <br /> the Project without the written consent of the other Party. Nothing contained in this Agreement <br /> shall prevent either Party at any time from furnishing any required information to any <br /> governmental entity or authority pursuant to a legal requirement or from complying with its legal <br /> or contractual obligations. <br /> 10. Execution of Disposition and Development Agreement. If the Parties successfully <br /> negotiate a License, City Manager shall promptly recommend approval of the License to the City <br /> Council. The City shall have no legal obligation to grant any approvals or authorizations for the <br /> Project until the License has been approved by the City Council. <br /> 11. Termination. This Agreement may be terminated at any time by mutual consent of the <br /> Parties. City shall have the right to terminate this Agreement upon its good faith determination <br /> that Dark Fiber is not proceeding diligently and in good faith to carry out its obligations pursuant <br /> to this Agreement. City shall exercise such right by providing at least ten (10) days' advance <br /> written notice to Dark Fiber which notice shall describe the nature of Dark Fiber's default <br /> hereunder. Notwithstanding the foregoing, if Dark Fiber commences to cure such default within <br /> such 10 -day period and diligently prosecutes such cure to completion within the earliest feasible <br /> time but not later than thirty (30) days following the date of the notice, this Agreement shall <br /> remain in effect. Dark Fiber shall have the right to terminate this Agreement, effective upon 10 <br /> days' written notice to City, if the results of its investigation into the feasibility of the Project are <br /> unsatisfactory or if Dark Fiber is unable to obtain other necessary approvals, rights or interests. <br /> Neither Party shall have the right to seek an award ofdamages as a result of the termination of <br /> this Agreement pursuant to this Section. <br /> 12. Effect of Termination. Upon termination as provided herein, or upon the expiration of the <br /> Term and any extensions thereof without the Parties having successfully negotiated a License, this <br /> Agreement shall forthwith be void, and there shall be no further liability or obligation on the part <br /> of either of the Parties or their respective officers, employees, agents or other representatives; <br /> provided however, the provisions of Section 8 (Expenses), Section 9 (Confidentiality), Section 14 <br /> (Hold Harmless) and Section 18 (No Brokers) shall survive such termination. Provided further, <br /> that upon termination or expiration of this Agreement Dark Fiber shall deliver to City, within 15 <br /> days of termination or expiration, copies of all of Dark Fiber's Studies not previously provided to <br /> City. <br /> 13. 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 <br /> respective addresses specified below or to such other address as a Party may designate by <br /> 5 <br />