AgdaPkt 2020-10-26 Joint SA PFA - Laserfiche WebLink

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7.A. - Page 75 of 176 10/09/2020 Only if and to the extent that proceeding pursuant to (i) through (iv) could not reasonably approximate substantial performance of the Agreement, City may proceed as follows: V. Initiate legal or equitable action to recover damages or obtain specific performance with respect to the Levee Improvements project; and/or vi. Restore the Seaport Centre Levee to the same or better condition than existed prior to work commencing at no cost to the City. (c) Common Remedies Following any Default. In the event that SCOA Defaults under this Agreement either prior to or following commencement of the Levee Improvements, then City may proceed as follows: i. Without liability for doing so, City (or any surety under a performance or other bond which authorizes such action) may take possession of and utilize in completing the work such building and construction materials belonging to SCOA or Owners as may be on or about the Property and necessary for completion of the Levee Improvements or, alternatively, restoration of the Seaport Centre Levee to the same or better condition than existed prior to SCOA's commencement of the work; ii. Demand that Owners grant to City, at no cost to City within 10 business days following City's demand therefor, easements over and across the applicable portions of the Property, including access and temporary construction easements, as necessary for City to complete or cause the completion of the Levee Improvements or restoration of the Seaport Centre Levee and, following completion or restoration thereof, to maintain such improvements; and/or iii. Obtain reimbursement from SCOA pursuant to Section I1 for any costs City has accrued that have not already been reimbursed. (d) SCOA Remedy Following Completion of the Levee Improvements. In the event the City defaults in its obligation to acquire the Levee Improvements following SCOA's satisfactory completion of the Levee Improvements in accordance with this Agreement, SCOA may enforce its right to convey the Levee Improvements to the City by specific performance. 25. General Provisions. (a) Force Majeure; Extension of Times of Performance. Subject to the limitations set forth below, the time within which a Party shall be required to perform any act under this Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably and beyond the reasonable control of the Party seeking the delay by strikes, lock outs, and other labor difficulties; acts of God; unusually severe weather, but only to the extent that such weather or its effects (including, without limitation, dry out time) result in delays that cumulatively exceed twenty (20) days for any winter season occurring after commencement of construction of the Levee Improvements; failure or inability to secure materials or labor by reason of priority or similar regulations or order of any governmental or regulatory body; changes in local, state, or federal laws or regulations, including FEMA regulations; enemy action; civil disturbances; wars; terrorist acts; fire; unavoidable OAK #4819-4834-1908 v19 28 ATTY/AGR/2020.230/SEAPORT LEVEE AGREEMENT 257