RecD96 1996-138988 - Laserfiche WebLink

Browse Search

term or condition of this Agreement is the result of war, insurrection, strikes, walk- outs, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by other governmental entities, enactment of conflicting Laws, judicial decisions, institution of litigation by parties unaffiliated with Flatirons, or any cause which is not within the reasonable control of Flatirons. In the event of such a delay, the term of this Agreement; the time for performance by Flatirons of any obligation hereunder, including without limitation the performance of the obligations in Sections 8(e) and 9(b); and the dates in subsections (a), (b), and (c) of Section 9 on or after which the Facilities Fee is calculated using the Actual Charge Rate are extended automatically for a period of time equal to the days of the commencement of the delay. The delays permitted under this Section 16 period of the delay if Flatirons gives written notice of the delay to City within 60 must not exceed a cumulative total of three years. As used in this Section 16, "litigation" means any legal or equitable action that seeks to challenge, rescind, revoke, overturn or set aside any of the Approvals, or this Agreement, or any term or condition of this Agreement, whether or not that action seeks or results in a temporary restraining order, a preliminary injunction, or a permanent injunction. 17. Construction Requirements Except as provided in Section 11, the construction of any improvements on the Property, including buildings and other structures of any type, other than the Facilities, are subject to the Building Regulations in effect at the time of construction, but the application of the Building Regulations must not alter the land -33- DV AGR0'3,rxJC August 26, 1996