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Reso 2017-015
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Reso 2017-015
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Last modified
9/26/2017 2:01:00 PM
Creation date
2/15/2017 11:10:46 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
2/6/2017
Retention
PERM
Document Relationships
___CCAgenda 2017 0206 CS + RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2017\Packet 2017 0206
10A Action Item 2017 0206
(Approved)
Path:
\City Clerk\City Council\Agenda Packets\2017\Packet 2017 0206
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7.6 Attome s' Fees. If any action is instituted by any Party to the Loan Documents to <br />enforce this Agreement, the Loan or the Note, or to collect any sums due hereunder or pursuant <br />to the Loan or the Note, the prevailing Party in such action shall be entitled to recover its costs <br />and reasonable attorneys' fees as awarded by the court in that action. <br />7.7 Severability. If one or more provisions of this Agreement are found invalid, <br />illegal or unenforceable in any respect by a court of competent jurisdiction, the remaining <br />provisions shall not in any way be affected, prejudiced, disturbed or impaired thereby, and all <br />other provisions of this Agreement shall remain in full force and effect. <br />7.8 Amendments/Entire Agreement. City and Borrower reserve the right to amend <br />this Agreement by mutual consent. It is mutually understood and agreed that no amendment, <br />modification, alteration or variation of the terms of this Agreement shall be valid unless in <br />writing and signed and acknowledged and approved by both parties. This Agreement constitutes <br />the entire agreement of the parties and no oral understandings or agreement not incorporated <br />herein shall be binding on either Party. <br />7.9 Joint and Several Liability. If the Borrower consists of more than one person or <br />entity, each shall be jointly and severally liable to the City for the performance of this <br />Agreement. <br />7.10 Time. Time is of the essence in the performance of the terms and conditions of <br />this Agreement. <br />7.11 Governing Law. The laws of the State of California shall govern this Agreement. <br />7.12 Non -Liability of Cily and City Officials, Employees and Agents. No member, <br />official, employee or agent of the City or the City shall be personally liable to the Borrower, or <br />any successor in interest to the Borrower, in the event of any default or breach by the City or for <br />any amount which may become due to Borrower or any successor under the terms of this <br />Agreement. <br />7.13 Cit s Rights and Consent. No forbearance, failure or delay by the City in <br />exercising any right, power or remedy, nor any single or partial exercise by the City of any right <br />or remedy hereunder shall preclude the further exercise of such right, power or remedy. City's <br />consent to any act or omission by Borrower may not be construed as the City's consent to any <br />other or subsequent act or omission or as a waiver of the requirement to obtain City's consent in <br />any other instance. All of City's rights, powers and remedies are cumulative and shall continue <br />in full force and effect until specifically waived in writing by City. <br />7.14 Duration/Survival. This Agreement shall continue in full force and effect until <br />the obligations due under this Agreement and the Note have been paid in full. Notwithstanding <br />the foregoing, the indemnification provisions of Section 5.1 of this Agreement shall survive the <br />expiration of this Agreement and the making and repayment of the Loan. <br />2743881.2 10 <br />
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