Agmt15 Hamiilton & Winslow Properties, LLC - DDA

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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. If, however, notice by the party claiming such extension is sent to the other parties mare than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days 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. (b) ASSUMPTION OF ECONOMIC RISKS. EACH PARTY EXPRESSLY AGREES THAT ADVERSE CHANGES IN THE ECONOMIC ASSUMPTIONS OF EITHER PARTY THAT MAY HAVE PROVIDED A BASIS FOR ENTERING INTO THIS AGREEMENT SHALL NOT OPERATE TO EXCUSE OR DELAY THE PERFORMANCE OF EACH AND EVERY ONE OF EACH PARTY'S OBLIGATIONS AND COVENANTS ARISING UNDER THIS AGREEMENT. NOTHING CONTAINED IN THIS SECTION 10.13(b) SHALL BE DEEMED TO PRECLUDE THE GOVERNING BODY OF THE CITY, IN ITS DISCRETION AND UPON WRITTEN REQUEST OF THE DEVELOPER, TO AMEND THIS AGREEMENT OR THE PERFORMANCE SCHEDULE TO ADDRESS PROJECT DELAYS CAUSED BY CHANGES IN THE ECONOMY GENERALLY OR CHANGES 1N MARKET CONDITIONS OR DEMANDS. THE PARTIES AGREE TO WORK COOPERATIVELY WITH EACH OTHER 1N SUCH CIRCUMSTANCES, PROVIDED HOWEVER, THE PARTIES ACKNOWLEDGE THAT THE GOVERNING BODY OF THE CITY SHALL RETAIN FULL DISCRETION TO CONSIDER ANY SUCH AMENDMENT TO THE AGREEMENT OR THE PERFORMANCE SCHEDULE. � ��_. Initials of Authorized Initials of Authorized Representative(s) o.f City Representative(s) of Developer 10.14 Bindin� on Successors and Assigns. Subject to Section 8.2., this Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. 10.15 Entire A�reement. This written Agreement and the Exhibits hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits hereto. 10.16 Further Assurances; Covenant to Si�n Documents. Each party covenants, on behalf of itself and its successors, heirs and assigns, to take all actions and do all things, and to execute, with acknowledgement or affidavit if required, any and all documents and writings that may be necessary or proper to achieve the purposes and objectives of this Agreement. 10.17 Signature Pa�. For convenience, the signatures of the parties to this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement, shall constitute this as one complete Agreement. ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA REV:08-18-15 VR Page 38 of 40 82483.00019\9644366.16