CCP 07-27-2010 - Laserfiche WebLink

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A three percent (3%) on any amounts due under this Agreement from and after the date they are due and payable by the City; (b) Soepevd performance riming the period of the Default; or, (c) Terminate this Agreement; pravlded, however, the obligations of the City to reimburse the Redeveloper for the Ryan Fees as provided in Article VDI hereof and Redeveloper's remedies hereunder to collect the Ryan Fees sitar survive the termination of this Ageement 'Ihe remedies set forth in this Article a ere the sole remedies of the parka to this Agreement, and none of the parties shall have the right to peace any other remedies, including, but not limited to, the right to sue far damages, whether action, indirect, musegadmi d, m speculative. No remedy hence conferred upon or reserved by the parties is intended to be exclusive of any other available remedy or nat edies as provided hereunder, but each and every such remedy shah be cumulative and shall be in addition to every other remedy given must this Agreement. &:ceps as provided in this Agreement, no delay or omission to exercise any right or power accruing open any default shall impar any such right or power or shall be communed to be a waiver thereof, hat any such right and power may be exercised firm time to time and as often as may be deemed expedient. In order to entitle the City or Redeveloper to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article ix. th the event any obligation contained in this Agreement should be breached • by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach On waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.3 Attorney's Fees. to the event a party defaults in the performance of the obligations heremder and a legal action is commenced to =force the terms of this Agreement, the prevailing party shall be entitled to payment of its reasonable attorneys' fees and costs by the other party to the extent determined by the wort, including moms at the armual interest rete equal to the prime rate of U.S. Beak National Aswciafion from fire -to -time in effect plus Use p bmur (3%) on any amounts due order this Agreement from and after the date they are due and payable by Redeveloper or the City, as the case maybe. Section 9A fififitation on Redeveloper Remedies on Default. W Mevst any Event of Default occurs by we City, the Redeveloper may suspend its perfpmmwce ander Us Agreement wdlor rem whatever action at law or or equity may appear necessary or desirable to the Redeveloper to enforce performance and observance of any obligation, agreement, w covenant ofthe City underWs Agreement. Nothing in this Agreement shall entitle the Redeveloper to make any claim against the City for any damages or other legal relief whatsoever or to seek of obtain any equitable remedy including but not limited to speclfic performance or inductive relief, and Ne Redeveloper's remedies are strictly limited to the foregoing. • 10