RecDoc 2009-095365 - Laserfiche WebLink

Browse Search

Notwi thstanding any provision herein to the contrary, Participant shall be relieved of any and all liability for the obligations of Participant hereunder with regard to the Property when a Certificate of Completion has been issued by the Agency hereunder, other than any covenants and obligations provided by the Declaration of Affordabili ty Covenants and the Declaration of Redevelopment Covenants recorded against the Property. Section 6.11. Attorneys' Fees. If any party hereto files any action or brings any action or proceeding against the another party arising out of this Agreement, seeks the resolution of disputes, then as between and/or among to the parties to the action, the prevailing party shall be entitled to recover as an element of its costs of suit or resolution of disputes, and not as damages, its reasonable attorneys' fees as fixed by the Court or other forum for resolution of disputes as may be agreed upon by the parties to the action, in such action or proceeding or in a separate action or proceeding brought to recover such attorneys' fees. Section 6.12. Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. Section 6.13. Incorporation of Exhibits. Any exhibit referenced in this Agreement is incorporated herein by reference although fully set forth herein word for word. Section 6.14. Calendar Days. Any reference in this Agreement to days, or any time period measured by the number of days, shall refer to calendar days, unless specifically indicated otherwise. ARTICLE VII ENTIRE AGREEMENT, WAIVERS AND AMENDMENT Section 7.01. Entire Agreement. a. This Agreement shall be executed in five (5) duplicate originals each of which is deemed to be an original. This Agreement constitutes the entire understanding and agreement of the Parties. 36