Agmt03 BHV Innisfree Ventures - Laserfiche WebLink

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and fully signed payment request, within fourteen (14) days the City shall pay the Reimbursement Payment to the Developer. 11. Compliance with Law. The Developer covenants that it will not commit, suffer or permit any act to be done in, upon or to the Project or in connection with the performance of the Work in violation of any law, ordinance, rule, regulation or order of any governmental authority. 12. Financial Records. Until the Work is finally accepted by the City, the Developer covenants to maintain proper and detailed books of record and account for the Work and all costs related thereto. The Developer covenants that such accounting books will be maintained in accordance with generally accepted accounting principles, and will be available for inspection by the City and the Agency, and their respective agents, at any reasonable time during regular business hours on reasonable notice. 13. Developer as Independent Contractor. In performing under this Agreement, it is mutually understood that the Developer is acting as an independent contractor, and not an agency of the City or the Agency. Neither the City nor the Agency shall have any responsibility for payment to any contractor, subcontractor or supplier of the Developer. 14. Other A,qreements. Nothing contained herein shall be construed as affecting the City's, Agency's or Developer's respective duty to perform its respective obligations under other agreements, land use regulations or subdivision requirements relating to the development of the Project Site, which obligations are and shall remain independent of the Developer's rights and obligations, and the City's and Agency's rights and obligations under this Agreement. 15. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied)_ is intended to confer upon any person or entity, other than the City, the Agency and the Developer (and their respective successors and assigns) any rights, remedies, obligations or liabilities under or by reason of this Agreement. 16. Force Maieure. Developer shall not be in default of any provision of this Agreement where timely performance or timely compliance is prevented by Acts of God, including natural disasters, and/or unusually inclement weather, civil emergencies, inability to obtain materials (except for such inability occasioned by the act or failure to act of Developer), change in governmental regulations or similar events which are beyond Developer's reasonable ability to control; however, Developer shall be obligated to perform or comply within a reasonable time after the event or action which precluded Developer from timely performance no longer exists. 17. Notice. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any party shall be deemed to have been received (regardless of whether copies thereof have been delivered, transmitted or sent to, or received by the entities designated to receive copies, as set forth below) when personally F:Atty/Agr/Ag r. 100 021903 8