Res99 RD-99-30 - Laserfiche WebLink

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of Necessity, as applicable, and thereafrer pursue such cure, correction or remedy to completion. IAC shall not terminate this Agreement or institute proceedings against the Agency within such forty-five (45) day cure period if the Agency cures such Default or failure to adopt a Resolution of Necessity, as applicable, therein. §808 Agency's Ri�ht to Terminate; Rights and Duties Followin� Termination A. In addition to the Agency's right to terminate set forth in Section 809 subsequent to the Election to Proceed with the IAC Project and prior to conveyance to IAC of title to the Acquisition Pazcels, the Agency shall have the right to terminate this Agreement with respect to the IAC Project Site, or a portion thereof, by providing written notice of such termination in accordance with Section 1002 of this Agreement for any of the reasons set forth below: 1. IAC transfers or assigns any rights herein or in the IAC Project Site in violation of this Agreement; or 2. IAC does not submit certificates of insurance by the date required by this Agreement, and such Default or failure is not substantially cured within sixty (60) days after the date of written demand by the Agency; or 3. Subject to Article 4, and the satisfaction of all conditions to IAC's obiigation to do so, IAC fails or refuses to take title to or possession of the Acquisition Pazcels after tender of conveyance or delivery of possession by the Agency within the time established therefor in the Schedule of Performance; or 4. IAC fails to timely submit the Letters of Credit (or Cash Deposit) described in Section 307 and maintain the same in conformance with and for the period of time described in Section 307 or 5. Afrer the Effective Date, IAC or any officer, employee or agent of IAC negotiates with an owner or tenant of an Acquisition Pazcel with respect to the acquisition of such pazcel or the relocation of an owner or tenant therefrom, without the prior express written consent of the Agency; or 6. If IAC notifies the Agency that it will use mortgage financing to finance the IAC Project and IAC fails to rescind such notice or submit evidence that it has the necessary mortgage financing for development of the IAC Project Site, in reasonably satisfactory form and in the manner and by the dates provided in this Agreement and the Schedule of Performance therefor; or 7. The Agency is unable to tender title to or possession of the Acquisition Parcels in the manner and condition and by the date provided in the Schedule of Performance as a result of delays caused by IAC's failure to perform its obligations hereunder within the time provided in the Schedule of Performance (as the same may be extended pursuant to Section 1004), and such failure of IAC to perform is not the result of delays caused by the Agency's failure to perform its obligations hereunder within the time provided in the Schedule of Performance (as the same may be extended pursuant to Section 1004). ' SY 9627�.8397625