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City Dr�ft <br /> 6128113 <br /> 8.4 City Manager Implementation. The City shall implement this <br /> Agreement through its City Manager. The City Manager is hereby <br /> authorized by the City to issue approvals, interpretations,waivers and <br /> enter into certain amendments to this Agreement on behalf of the City, to <br /> the extent that any such acti.on(s)does/do not materially or substantia.ily <br /> change the Project or cause the City to incur any obligation exceeding <br /> Sixty Thousand Dollars ($60,000). All other actions shall require the <br /> consideration and approval of the City governing body. Nothing in this <br /> Section 8.4 shall restrict the submission to the City governing body of any <br /> matter within the City Manager's authority under this Section 8.4, in the <br /> City Manager's sole and absolute discretion,to obtain the City governing <br /> body's express and specific authorization on such matter. Tl�e specific <br /> intent of this Section 8.4 is to autharize certain actions on behalf of the <br /> City by the City Manager,but not to require that such actians be taken by <br /> the City Manager,without further consideration by the City governing <br /> body...................................................................................................................... 57 <br /> S.5 Notices,Demands and Cominunica'ons Between the Parties....................... 57 <br /> 8.6 W�rranty Againsf Payment of Consideration far Agreement. The <br /> Developer represents and warrants that: (i)the Developer has not <br /> employed or retained any Person to solicit or secure this Agreement upon <br /> an agreement or understanding far a cornmission,percentage,bmkezage, <br /> or contingent fee, excepting bona fide employees of the Developer and(ii} <br /> no gratuities, in the form of entertainment, gifts or otherwise have been or <br /> will be given by the Developer or any of its agents, employees or <br /> representataves to any elected or appointed official or employee of the City <br /> in an attempt to secure this Agreement or favorable tenns or conditions for <br /> this Agreement. Breach of the representation�or warranties of this <br /> Section 8.6 sha1l autornaticatly ternuna.te this Agreernent,without further <br /> notice to or action by either Party a,nd the Develope�e sha11 immediately <br /> refund any payments made to the Developer by the City pursuant to this <br /> Agreement,prior to the date of any such termination. ........................................ 59 <br /> 8.7 Relationship af Parties. The Parties each understaxid and agree that the <br /> City and the Developer are independent contracting entities and do not <br /> intend by this Agreement to create any partnership,joint ven�ure,or <br /> similar business arrangement,relationship or association between them............ 59 <br /> 8.8 Surviv�l of Agreement. All of the provisions of this Agreernent shall be <br /> applxcable to any dispute between the Parties arising from this Agreement, <br /> whether prior to or fallowing exp�ration or termination of this Agreement, <br /> until any such dispute is final�y and completely resolved between the <br /> Parties, either by written settlement, entry of a non-appealable judgment or <br /> expiratian af all applicable statutory limitations periods and alI terms and <br /> conditions of this Agreement relating to dispute resolution and limitations <br /> on damages or remedies sha11 survive any expiration or termination of this <br /> Agreement............................................................................................................ 5 9 <br /> 824$3.0000917571312.1d xiii <br />