AgdaPkt 2020-11-16 Special - Laserfiche WebLink

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5.A. - Page 257 of 302 Following any Event of Default, the City may pursue any and all remedies available, at law or at equity, against the Guarantor. 16.29. Further Assurances. So long as any Guaranteed Obligations shall remain unsatisfied, the Guarantor will execute, acknowledge, deliver, file, notarize and register at its own expense all such further agreements, instruments, certificates, documents and assurances and perform such acts as the City shall deem necessary or appropriate to effectuate the purposes of this Guaranty, and promptly provide the City with evidence of the foregoing satisfactory in form and substance to it. 16.30. Notices. All notices and other communications provided for hereunder shall, unless otherwise stated herein, be in writing and shall be mailed, sent or delivered: (a) if to the City, at or to its address set forth in the Agreement; and (b) if to the Guarantor, at or to its addresses set forth below its name on the signature page hereof, or at or to such other address as such party shall have designated in a written notice to the other party. All such notices and communications shall be effective: (1) if delivered by hand, upon delivery; (2) if sent by mail, upon the earlier of the date of receipt or seventy-two (72) hours after deposit in the mail, first class (or air mail, with respect to communications to be sent to or from the United States), postage prepaid; (3) if delivered by reputable overnight delivery service, upon the earlier of the date of receipt or twenty-four (24) hours following deposit with such service. 16.31. No Waiver; Cumulative Remedies. No failure on the part of the City to exercise, and no delay in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies under this Guaranty are cumulative and not exclusive of any rights, remedies, powers and privileges that may otherwise be available to the City. 16.32. Costs and Expenses; Indemnification. 16.32.1. Costs and Expenses. In the event of. (1) any action or proceeding that involves the protection, preservation or enforcement of the City's rights or the Guarantor's obligations under this Guaranty; (2) any action or proceeding that in any way is related to the Buyer's performance under the Agreement (including but not limited to the development, construction, marketing and operation of the Development) or the Buyer's performance under the Agreement; or (3) the City's collection or enforcement without institution of litigation proceedings, the City shall be entitled to payment, upon demand, from the Guarantor of all costs and expenses associated therewith, including reasonable attorneys' fees and litigation expenses and other professional fees and expenses. The Guarantor will pay the City, upon demand, all reasonable attorneys' fees and expenses and other professional fees and expenses incurred in the representation of the City in any aspect of any bankruptcy or insolvency proceeding initiated by or on behalf of the Guarantor that concerns any of its obligations to the City under this Guaranty, or otherwise. In the event of a judgment against one party concerning any aspect of this Guaranty, the right to recover post judgment attorneys' fees incurred in enforcing the judgment shall not be merged into ATTY/AGR/2020.257/REDWOOD CITY GREYSTAR PURCHASE & SALE AGREEMENT 1306 MAIN ST REV: 11-05-2020 VR 1199\11\2925009.5 J-13 260