Agmt08 R.C. Peninsula Park, LLC - Laserfiche WebLink

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however, that such duty to cooperate shall be limited by any conflict of interest which arises during the course of any such suit. 8.6 Estoppel Certificate. Either Developer or City may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party: (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) 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 return such certificate within thirty (30) days following the receipt thereof. The Planning Director of the City shall have the right to execute any certificate requested by Developer hereunder. City acknowledges that a certificate hereunder may be relied upon by transferees and mortgagees. 8.7 Rights and Remedies Cumulative; 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 remedies by either Party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default. (b) Upon the occurrence of an event of default, the Parties may pursue all other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements, expressly including 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 Applicable Law. This Agreement shall be interpreted 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 San Mateo, subject to the provisions of Code of Civil Procedure Section 394. 8.10 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. A TTY / AGR/2008.0 13 022708 20