Agmt99 Pacific Shores Center - Laserfiche WebLink

Browse Search

, (ii) The defaulting party does not commence substantial efforts to cure the failure within that 30 day period where the failure can not be cured within that 30 day period, and thereafter does not proceed diligently to cure the failure. (b) Any notice of default must specify in detail the nature of the failure to perform which the noticing party claims constitutes the event of default and the manner in which the event of defauit can be satisfactorily cured. While a party is attempting to perform within the time periods specified in this section for cure of a failure to perform, the party charged with failure to perform is not in default for purposes of termination of this Agreement, institution of legal proceedings with respect thereto. (c) Upon the failure to cure an event of default, any nondefaulting party may bring any action at law or in equity permitted by the Laws or this Agreement. including but not limited to any proceeding in the nature of specific performance, injunctive relief or mandamus. In addition, upon the failure of a defaulting party to cure an event of default, as an alternative remedy, any nondefaulting party may terminate this Agreement. (d) Failure by a party to insist upon the strict performance of any of the � provisions of this Agreement by any other party, irrespective of the length of time for which that failure continues, is not a waiver of that party's right to demand strict compliance by the other party in the future. No waiver by a party of an event of default is effective or binding upon that party unless the waiver is in writing, and no waiver may be implied from any omission by a party to take any action with respect to any event of default. No express written waiver of any event of default affects any other event of default, or covers any other period of time, other than the event of default or period of time specified in the express waiver. One or more written waivers of an event of default is not a waiver of either any subsequent event of default or the performance of the same or any other term or provision contained in this Agreement. All of the remedies available to a party under this Agreement, or at law or in equity, aze cumulative and not alternative, and invocation of any right or remedy is not a waiver or election of remedies with respect to any other permitted or available right or remedy. � (e) If this Agreement is terminated, the termination does not affect any right or duty arising out of any Approvals obtained concurrently with or subsequent to the approval of this Agreement, but the other rights, duties and obligations of the parties under this Agreement cease as of the date of the termination. Nothing in this subsection 24(e) precludes City from revoking any Approval either contemporaneously with termination of this Agreement or subsequent thereto. No termination may prevent Pacific Shores from receiving building permits for square footage of GBFA for which Pacific Shores has implemented required mitigation measures, including without limitation traffic mitigation payments or fees, or from completing and occupying buildings or other improvements authorized pursuant to valid building permits previously approved by City. City shall treat all uses of those buildings or other improvements, to the extent applicable, as nonconforming uses subject to K:\DOC\0002\0033\AGR\CII'Y.DA6 �� 29-OeC-1998 AT 15:00