AgdaPkt 2020-03-09 Joint - Laserfiche WebLink

Browse Search

6.C. - Page 75 of 111 ARTICLE IV DEFAULTS AND REMEDIES 4.1 Event of Default. Any default in the performance of any term, provision, covenant or agreement contained in this Agreement that continues for three (3) days in the event of a monetary default or thirty (30) days in the event of a nonmonetary default after the date upon which a nondefaulting Party shall have given written notice of the default to the defaulting Party shall constitute an Event of Default hereunder, entitling the nondefaulting Parties to seek all remedies available under this Agreement or under law or equity, including, but not limited to the following: (a) Seek specific performance to enforce the terms of this Agreement; (b) Enforce the remedies set forth in the Conditions of Approval; and (c) Pursue any and all other remedies available under this Agreement or under law or equity to enforce the terms of this Agreement and the rights of the Parties hereunder. 4.2 Remedies Cumulative; No Consequential Damages. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different time, of any other rights or remedies for the same or any other default by any other Party. Notwithstanding any contrary provision of this Agreement, a Party's right to recover damages in the event of a default shall be limited to actual damages and shall exclude consequential damages. 4.3 Inaction Not a Waiver of Default. No failure or delay by any Party in asserting any of its rights and remedies as to any default shall operate as a waiver of such default or of any such rights or remedies, nor deprive any Party of its rights to institute and maintain any action or proceeding which it may deem necessary to protect, assert or enforce any such rights or remedies in the same or any subsequent default. ARTICLE V MISCELLANEOUS PROVISIONS 5.1 No Brokers. Each Party warrants and represents to the other that no person or entity can properly claim a right to a real estate commission, brokerage fee, finder's fee, or other compensation with respect to the transactions contemplated by this Agreement. Each Party agrees to defend, indemnify and hold harmless the other Parties from any claims, expenses, costs or liabilities arising in connection with a breach of this warranty and representation. The terms of this Section shall survive the close of escrow and the expiration or earlier termination of this Agreement. 5.2 Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice F xVAQVII&WI G7 AiTYIAGR.2020.0391Premia 1180 Main Owner, LLC (Page 7 of 42) 102