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8 �rY� ��� <br /> business a�sdal compl�g the�bj6�ject to such exceptions and time extensions allowable <br /> under�Hon �orce � a ore, on w before August 30, 2005,�_ it aooears that oonstruction of .-• "� De1a6ad <br /> the�'iect will be�nbstantial�elaved bevond this date Citv Aaencv and Develooer shall meet " <br /> and coTlt� rea� adul e3 or cqmoletion of Public Parkina Facilitv <br /> _ .�eveloper, ConTactors _ and_ Consuftants shall erfortn in _ accordance with the _,.-�'� °d° �" P10 "`�' °""`""" <br /> — __ " "____ _ "" " " '__P' _ ' ' 1M PoDGe ParkYp Faoiiy. k CdaYetl <br /> — Schec�'cof P «�m�aw�w.os�.wc.rwu <br /> _ �nance provided that City and Agency shall grant reasonabie extensions of Gme ��rcon�wcuonan,P„wk <br /> = for the P..rkin0 FaciXy and aH dfw Swiqt <br /> _ pet�nanc�afsuch services made necessary by unavadable delays beyond the control of �+��_mn��.a.e. <br /> Ihs Cih anA Apwwy'ssw a NWw b <br /> =Developer, �s Contractors and Consultants, such as delays in govemmental reviews of P rooeedapi 0 i^dBtl „ �^+cc� , <br /> � above. <br /> �eloper's�vork other than those related to the quality of the work or by delays or other <br /> I defi�in the Developers' work or that of the Contractors or Consultants• ___ ____ ___ _: •' Da1atid '"oii°etl• ""'"°'• ""�w� <br /> — '- --- u�u�o�mae aemy w,.� �a �,a„a. <br /> �C'i. Developer acknowledges the importance to City and Agency of the Schedule of om �o�«o w',w o� �e <br /> Performance and agrees to put forth, and to require its Contractors and Consuitants to put forth, by.«a�nanana.oa�ewa.r« <br /> DevNUPers Cantrac0ors. ConsuManb. <br /> reasonable commercial efforts to perfortn the Services in accordance with the Schedule of �i�Ya����"a«�po� <br /> Performance. <br /> 9. TERM: TERMINATION. <br /> A. The term of this Agreement shall commence upon the date first herein above written. <br /> B. This Agreement may be tertninated by the City and Agency at any Gme for <br /> convenience after seven (7) days' written notice to the Developer. In the event of tertnination under <br /> this section (B), Developer shall be paid its compensation for Services perfortned to the date of <br /> termination, services of Contractors and Consultants then due, and all reasonable terminaGon <br /> expenses. Termination expenses are defined as those reasonable expenses arising prior, during <br /> and subsequent to termination that are solely and directty attributable to the termination. <br /> C. This Agreement shall terminate 'rf the City and Agency do not issue a Notice to <br /> Proceed by October 22, 2003 unless Developer, City and Agency agree to extend the terrn of this <br /> Agreement, which agreement shall be confirmed in writing. In the event this Agreement terminates <br /> as provided in this Section 9(C), Developer shall not be entitled to any compensation other than as <br /> I provided in the Preconstruction Agreement and Section 809 of the DDA <br /> D. This Agreement may be terminated by City and Agency in the event Developer <br /> defaults under the DDA or any of the other agreements between the parties in connection with the <br /> Project. In addition, City and Agency may terminate this Agreement for default ff any of the <br /> ! following events occurs and Developer fails to commence and diliaentiv nursue a cure of the Fom�aro.a: rmc y�c <br /> s�zs�os � t oeieiad: seern�oa��ear000� <br /> � ,568n' <br /> D68100903/Agr.t47 ...... .......� . :�� <br />