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Agmt98 Downtown Theater project
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Agmt98 Downtown Theater project
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Last modified
7/5/2005 2:39:59 PM
Creation date
1/20/2004 9:26:06 AM
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Template:
Agreement
Contractor Name
Western Investment Real Estate Trust - Innisfree Companies
PROJECT NAME
exclusive right to negotiate
RMP File Number
100 bin 24
Date
6/10/1999
MO Ref
10-97RD
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11. GOVERNING LAW. This Agreement shall be governed by, and <br />construed in accordance with, California Law. <br /> <br /> 12. AMENDMENTS. This Agreement shall not be modified or amended <br />except by a written agreement signed by the parties hereto, approved in the <br />same manner as the original Agreement. <br /> <br /> 13. ATTORNEYS FEES. In the event of litigation between the parties <br />regarding the terms of this Agreement or the parties' respective rights or duties <br />hereunder, the prevailing party shall be entitled to recover from the other party its <br />reasonable attorneys' fees, costs and expenses. <br /> <br /> 14. COSTS; LIMITATION. a. General. Agency and Developers agree <br />that neither party shall look to the other for any reimbursement of expenses, <br />compensation or profit under this Agreement. Developers acknowledge that the <br />entire consideration to be received by them under this Agreement consists of <br />Agency's commitment to negotiate exclusively with Developers during the <br />Negotiation Period for the valuable DDA or such other agreement(s) that may <br />result, but Developers are in no way assured of entering into such DDA or <br />agreement(s). <br /> <br /> b. Developers' Costs. Developers shall be responsible for each and <br />every cost incurred by Developers pursuant to this Agreement, including, without <br />limitation, costs of appraisals, title reports, surveys, financial feasibility studies, <br />and City land use fees, including all Agency and City expenses necessary to <br /> <br />ERN-O02 <br />F:Sh\Sh~w\ComDev 8 <br />DES: 5/17/99R <br />DES:mge 5/18/99R <br /> <br /> <br />
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