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shall be rendered against the Owner, the assets of the Owner (other than the Owner's
<br />interest in the Project), its partners, members, successors, transferees or assigns and each
<br />of their respective officers, directors, employees, partners, agents, heirs and personal
<br />representatives, as the case may be, in any action or proceeding arising out of this
<br />Agreement or any agreement securing the obligations of the Owner under this
<br />Agreement, or any judgment, order or decree rendered pursuant to any such action or
<br />proceeding. No subsequent owner of the Project shall be liable or obligated for the breach
<br />or default of any obligations of the Owner under this Agreement on the part of any prior
<br />Owner. Such obligations are personal to the person who was the Owner at the time the
<br />default or breach was alleged to have occurred and such person shall remain liable for
<br />any and all damages occasioned thereby even after such person ceases to be the Owner.
<br />Each Owner shall comply with and be fully liable for all obligations of an "owner"
<br />hereunder during its period of ownership. Notwithstanding the above, Bayfront,
<br />Landings, and Real Social Good are jointly and severally responsible for all obligations
<br />of Owner under this Agreement; and a failure by any one of them to comply substantially
<br />and in good faith with any obligations of Owner under this Agreement shall constitute an
<br />Event of Default of Owner.
<br />304. Force Majeure. Subject to the Party's compliance with the notice
<br />requirements as set forth below, performance by either Party hereunder shall not be
<br />deemed to be in default, and all performance and other dates specified in this Agreement
<br />shall be extended, where delays or defaults are due to causes beyond the control and
<br />without the fault of the Party claiming an extension of time to perform, which may
<br />include, without limitation, the following: war, insurrection, strikes, lockouts, riots,
<br />floods, earthquakes, fires, assaults, acts of God, acts of the public enemy, epidemics,
<br />quarantine restrictions, freight embargoes, lack of transportation, governmental
<br />restrictions or priority, litigation, unusually severe weather, inability to secure necessary
<br />labor, materials or tools, acts or omissions of the other Party, or acts or failures to act of
<br />any public or governmental entity (except that the City's acts or failure to act shall not
<br />excuse performance of the City hereunder). An extension of the time for any such cause
<br />shall be for the period of the enforced delay and shall commence to run from the time of
<br />the commencement of the cause, if notice by the Party claiming such extension is sent to
<br />the other Party within thirty (30) days of the commencement of the cause.
<br />305. Attorneys' Fees. In addition to any other remedies provided hereunder or
<br />available pursuant to law, if either Party brings an action or proceeding to enforce, protect
<br />or establish any right or remedy hereunder, the prevailing Party shall be entitled to
<br />recover from the other Party its costs of suit and reasonable attorneys' fees.
<br />306. Remedies Cumulative. No right, power, or remedy given by the terms of
<br />this Agreement is intended to be exclusive of any other right, power, or remedy; and each
<br />and every such right, power, or remedy shall be cumulative and in addition to every other
<br />right, power, or remedy given by the terms of any such instrument, or by any statute or
<br />otherwise.
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