Laserfiche WebLink
City or Agency may deem advisable in connection with completion and maintenance of, <br />and additions to, the Public Parking Facility and/or the Project, without further <br />employment of or payment of any compensation to Developer, or its Contractors or <br />Consultants; provided, however, that if this Agreement is terminated for any reason prior <br />to completion of the Project and if under such circumstances City or Agency uses, or <br />engages the services of and directs another developer to use, such documents to <br />complete the Project, City and/or Agency agree to release Developer from any <br />responsibility for the conformance of the incomplete portions of the Project to the <br />Documents and to hold Developer harmless from any and all liability, costs, and <br />expenses (including reasonable legal fees and disbursements), relative to claims arising <br />out of matters and/or events which occur subsequent to the termination of this <br />Agreement as a result of causes other than the fault or gross negligence of Developer, <br />or anyone for whose acts it is responsible, in preparation of the Documents. <br />8. SCHEDULE. <br />A. Time is of the essence in performance of this Agreement. <br />B. Developer shall complete construction of the Public Parking Facility and all <br />other Services at least thirty (30) days before the Project or any portion of it is open to <br />the public for business, and shall complete the Project, subject to such exceptions and <br />time extensions allowable under Section 17 -Force Majeure, on or before August 30, <br />2005. If it appears that construction of the Project will be substantially delayed beyond <br />this date, City, Agency and Developer shall meet and confer regarding a schedule for <br />completion of Public Parking Facility. <br />C. Developer, Contractors and Consultants shall perform in accordance with <br />the Schedule of Performance provided that City and Agency shall grant reasonable <br />extensions of time for the performance of such services made necessary by <br />unavoidable delays beyond the control of Developer, his Contractors and Consultants, <br />such as delays in governmental reviews of Developer's work other than those related to <br />the quality of the work or by delays or other deficiencies in the Developers' work or that <br />of the Contractors or Consultants;. <br />D. Developer acknowledges the importance to City and Agency of the <br />Schedule of Performance and agrees to put forth, and to require its Contractors and <br />Atty/Agr/Agr.147 <br />101403 Final <br />L. Beck 15 <br />