AgdaPkt 2012-06-25 - Laserfiche WebLink

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6.1.K. - Page 10 4.3 Assiq�ment by ,Developer. Developer ar Developer's successor may assign the Agreerrtent to an owner with tF�e prior approvaf of the City, which appravaf shall not be unreasonably withheld or delayed, and such assignment shafl be documented by an assignment and assumption agreement recordecE against the Property in a form to be agreecE upon be#weert Developer and City. If the propased assignee's experier�ce and finar�cial capability is substantially similar ta Developer's the City shall approve the propased assignee. De�eloper shall be bound by the terms and obligations af this Agreement in the absence of such approval where requir�d by the City. 4.4 Attorney Fees. fn arry IegaE proceetling to enforce the terms of or restrain a viofation o�this Agreement, the prevailing party ar parties must pay the attorneys' fees of tf�e winning pa�ty or parties in the amount fixed by the court in the proceeding. 4.5 Amendmer�ts. This Agreement may only be amended in writing by an instrument signed by the authorized representatives af�arties. 4.6 5e�erabilify. ff any pravision of this Agreement shall be held in�afid, ino�erati�e or unenfarceable as applied in ar�y particular case, in any jurisdiction or jurisdictions or in al! �urisdictions, or in all cas�s Eaecause it conflicts with any other pro�ision or pro�isions hereof or any Constitution or Statute ar rule of public policy, or for any other reason, such circumstances shall not have the effect af rendering the pro�isions in question inoperative or unenfarceable in any other case or circumstance, or of rendering any other pro�ision or provisions herein contained invalid, inoperative, or unenforceable ta any extent whatsoever. TF�e invalidity of any one or more phras�s, sentences, clauses or sections contained in this Agreement shall not affect the remaining portions af t�is Agreerrtent or any part hereaf. 4.7 Headinqs. The section headings are not part of this Agreement and will not affect the inter�retation af any provisions h�reofi_ 4.8 Time of the Essence. In each provision of this Agreement whic� states a specific amount of time within which fhe requirements thereof are to be satisfied or are to persist, time shall be �eemed to be of the essence. 4.9 Notices. Afi notices or other communications required or permittecf hereunder shall be in writing, anc! shall be personally delivered, ser�t by fax, reputable overnight courier, or sent by registered ar certified mail, postage prepai�, return receipt requested, and sha[I be deemed recei�ed upon the earlier ofi (i) if persanally delivered, the date of dalivery to the address af the persan to receive such notice; (ii} if mailed, three �3) busin�ss clays after the date of posfing by the United States post office; or {�ii} if deli�e�ed by Federal Express or other overr�ight courier for next business day deli�ery, the next business day; ar (iv) if sent by facsimile, with the originaf sent on the same day by o�ernight courier, tl�e date an which the facsimile is recei�ed, pro�ided it is before 5:00 P.M. f'acific Time. No�ic� of change af address shall be given by written notice in the manner descri�ed in this 5�ction. Rejection or other refusal to accept or the inability to deli�er because of a change in address of which na notice was g[ven ATTY/AGR/2012.061/2580 EGR(URBAf�!HOfJSfNG)AFFORDABLE HOU5ING AGREEMENT REV:�6-04-12 VR Page 7 of 31