Agmt14 Greystar GPII LLC Property Disposition Agreement

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be received by the addressee on the day that it is delivered by personal delivery, on the date of delivery by a nationally recognized overnight courier service (or when delivery has been attempted twice by such courier service), or four (4) calendar days after it is deposited with the United Stated Postal Service for delivery, Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate in writing, 503. Conflicts of Interest No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement that affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested, The Developer warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement, 504. Nonliability of Ci Officials and Em lovees• Nonliability of Developer Officers and Directors No member, official or employee of the City shall be personally liable to the Developer in the event of any default or breach by the City or for any amount that may become due to the Developer or on any obligations under the terms of this Agreement. No officer, director, shareholder, employee, contractor, tenant, agent or representative of the Developer shall be personally liable to the City in the event of nay default or breach by the Developer or for any amount that may become due to the City or on any obligations under the terms of this Agreement. 505. Enforced DelaELExtension of Times of Performance In addition to the specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war; act of terrorism; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack. of transportation; govermnental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts of another party; acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause, lf, however, notice by the party claiming such extension is sent to the other parties more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) clays prior to the giving of such notice. Times of performance under this Agreement may also be extended in writing by the City and the Developer. ATfY/AGR/2014,197/RDW GREYSTAR PDA REV;10.01-14 PT&VR E2453 0fl0I 7191 U"_745 13 3f)