Laserfiche WebLink
<br />Project, without further employment of or payment of any compensation to Developer, <br />or its Contractors or Consultants; provided, however, that if this Agreement is <br />terminated for any reason prior to completion of the Project and if under such <br />circumstances City or Agency uses, or engages the services of and directs another <br />developer to use, such documents to complete the Project, City and/or Agency agree to <br />release Developer from any responsibility for the conformance of the incomplete <br />portions of the Project to the Documents and to hold Developer harmless from any and <br />all liability, costs, and expenses (including reasonable legal fees and disbursements), <br />relative to claims arising out of matters and/or events which occur subsequent to the <br />termination of this Agreement as a result of causes other than the fault or gross <br />negligence of Developer, or anyone for whose acts it is responsible, in preparation of <br />the Documents. <br /> <br />SCHEDULE. <br />A. Time is of the essence in performance of this Agreement. <br />B. Developer shall complete construction of the 2200 block of Broadway <br />Streetscape Improvements and Street Modifications by February 15, 2006. The! <br />remaining Streetscape Improvements and Street Modifications shall be completed by <br />April 1, 2006, subject to any delays caused by changes to the Streetscape <br />Improvements and Street Modifications requested by City or Agency and such <br />exceptions and time extensions allowable under Section 16 - Force Majeure. If it <br />appears that construction of the Project will be substantially delayed beyond this date, <br />City, Agency and Developer shall meet and confer regarding a schedule for completion <br />of Streetscape Improvements and Street Modifications. <br />C. Irrespective of the dates specified in this Paragraph 7B, prior to the <br />opening of any business in the Project, the Streetscape Improvements and Street <br />Modifications on that entire block frontage shall be substantially complete so that <br />pedestrians and vehicles can safely travel along said frontage. <br />D. Developer, Contractors and Consultants shall perform in accordance with <br />the Schedule of Performance provided that City and Agency shall grant reasonable <br />extensions of time for the performance of such services made necessary by <br />unavoidable delays beyond the control of Developer, its Contractors and Consultants, <br /> <br />7. <br /> <br />Atty/Agr/2005.072 <br />101105 <br />840847v12 33786/0001 LBack <br /> <br />12 <br />