AgdaPkt 2007-12-17 - Laserfiche WebLink

Browse Search

7C Page 240 certifying Party: (i) this Agreement is in full force a.nd effect and a binding obligation of the Parties, {ii) tlus Agreement has not been amended or modified either orally or in writir�g, or if so amended, i.dentifying the amei�drnents, and (i.ii}the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, such notice shall describe the nature and amount of any such default. A Party receiving a request hereunder shall execute and retum such certificate within tl�irty(30) days following tl�e receipt thereof. The Planning Director of the City shail have the right to execute any certificate requested by Developer hereunder. City acla�owledges that a certificate hereunder may be relied upon by transferees and mortgagees. 8.7 Ri�lits and Remedies Cum�.tlative; No Waiver. {a}Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties hereunder are cumulative, and the exercise or failure to exercise one or more of such rights or remed:es by either Party shali not preclude t�:e exercise by it, at the saine ti�e or different times, of any right or reinedy for the same default or any other default. (b) Upon tl�e occuirence of a.n cveiit of default, the Parties may pursue alt other reniedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulatians governing development agreements, expressly iz�cluding the remedy of specific performance of this Agreement. 8.8 Reasonable Approvals. Unless the context indicates otherwise,where an action under this Agreement requires approval of a Party, such approval shall not be unreasonably withheld. 8.9 Ap lip cable Law. This Agreement shall be iilterpreted under and pursuant to the laws of the State of California. Any action concerning this Agreement shall be commenced in the Superior Court for the County of Sa.n Mateo, subject to the provisions of Code of Civil Procedure Section 394. 8.10 Severability. If any term,provision, covenant or condition af this Agreement is held by a court of competent jurisdiction to be invalid, void or unei�forceable,the remainder of the provisions sl�all continue in fuil force and effect unless the rights and obligations ofthe Parties have been materialiy altered or abridged by such invalidation, voiding or unenforceability. S.l 1 Legal Actions. In tlle eveilt any Iegal action is coiiunenced to interpret or to enforce the terms of thi.s Agreement or to collect damages as a result of any breach thereof,the Party prevailing in any s�ach action shall 6e entitled to recover against the Party�iot prevailing all reasonable attorneys' fees and costs incurred in sucl� action. ]025843-G 19 DRAF7 12/12/07 3:00 PlVI