Agmt12 Lowe Enterprises Real Estate Group

Browse Search

I 1777 San Vicente Boulevard, Suite 900 Los Angeles, CA 90049 Telephone: (310) 571-4286 Facsimile: (310) 571-Sli9 and to: Manatt, Phelps & Phillips, LLP Attn.: Timi Anyon Hallem, Esq. 1 L.i55 W. Olympic [3oulevard Los Angeles, CA 90064 Telephone: (310) 312-4217 Facsimile: (310) 914-5844 Section 5.06. Severabilitv. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining tertns and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full Yorce and effect unless amended or moditied by mutual consent o1� the Parties. Notwithstanding the foregoing, iY any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either Ciry or Developer may (in their sole and absolute discretion) tcrminate this Agreement according to the provisions of Section 5.03. Section 5.07. Assi�;nment and Transfer. Neither Party shall assign or transfer this Agreement without the prior written consent of�the other. Section 5.08. IndemniYication, Cooperation in Event of Challenge. Limitation of Remedies. (a) Develoner Processine Challen�e. A Developer Processing Challenge is any claim, demand, proceeding, application, petition, complaint or action filed, brought or otherwise commenced by Developer ro review, challenge, set aside, modify, overturn, supersede or annul City's review, evaluation, consideration, processing, or disposition of or decisions regarding Developer's Proposal or application or a portion thereof and any combination thereof. Developer acknowledges that all eftorts undertaken by City in evaluating Developer's Proposai may be set aside (in �vhole or in part), voided, invalidated, or annulled, and Developer is voluntarily and knowingly proceeding at its sole risk. As to any such Developer Processing Challenge, Developer and City shall each remain liablc for its respective attomey's fees and costs of litigation and costs of experts and consultants retained in any such litigation. (b) Third Partv Proposal / Project Challenee. (i) lleveloper is aware that all efforts undertaken by City in evaluating Developer's Proposal may be set sside (in whole or in pan), voided, invalidated, or annulled, and Developer is voluntarily and knowingly proceeding at its sole risk. 301G925511 (j