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City Draft <br /> 6/28113 <br /> the occurrence of an Unavoidable Delay. Any Party cIaiming an Unavoidable De�ay shall Notify <br /> the ather Party: (a}within ten (10) days after such Party knows of any such Unavoidable Delay; <br /> and {b)within five (5) days after such Unavoidable Delay ceases to exist. To be effective, any <br /> Notice of an Unavoidable Delay must describe the Unavoidable De1ay in reasonable detail. The <br /> extension of time far an Unavoidable Delay shall cornn�ence on the date of receipt of written <br /> Notice of the occurrence of the Unavoidable De1ay by the Party not claiming an extension o� <br /> time to perform due to such Unavoidable Delay and shall continue until the end of the condition <br /> causing the Unavoidable Delay. The Party claiming an extension of time to perform due to an <br /> Unavaidable Delay shall exercise its commercially reasonable best efforts to cure the condition <br /> causing the Unavoidable Delay, within a reasonable time. <br /> 8.15.2 AS�UMPTION OF ECON4MIC RTSKS. EACH PARTY <br /> EXPRESSLY AGREES THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, OF <br /> ETTHER PARTY SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN <br /> MARKET CONDITIONS OR DEMAND OR CHANGES IN THE ECONOMIC <br /> ASSUMPTIONS OF EITHER PARTY THAT MAY HAVE PROVIDED A BASIS FOR <br /> ENTERING INTO THIS AGREEMENT SHALL NOT OFERATE TO EXCUSE OR DELAY <br /> THE PERFORMANCE OF EACH AND EVERY 4NE OF EACH PARTY'S OBLIGATIONS <br /> AND COVENANTS ARISING UNDER THIS AGREEMENT. ANYTHING IN THIS <br /> AGREEMENT TO THE CONTRARY NOTWITHSTANDING, THE FARTZES EXPRESSLY <br /> ASSUME THE RISK OF UNFORESEEABLE CHANGES IN ECONOMIC <br /> CIRCUMSTANCES AND/OR MARKET DEMAND/CONDITIONS AND WAIVE, TO THE <br /> GREATEST LEGAL EXTENT, ANY DEFENSE, CLAIM, OR CAUSE OF ACTION BASED <br /> IN WHOLE OR IN PART ON ECONOMIC NECESSITY, IMPRACTICABILITY, CHANGED <br /> ECONOMIC CIRCUMSTANCE�, FRUSTRATION OF PURPOSE, OR SIMILAR <br /> THEORIES. THE PARTIES AGREE THAT ADVERSE CHANGES IN ECONOMIC <br /> C�NDITIONS, EITHER OF THE PARTY SPECIFICALLY OR THE ECONOMY <br /> GENERAI.LY, OR CHANGES IN MARKRT CONDITIONS OR DEMANDS, SHALL NOT <br /> OPERATE T� EXCUSE OR DELAY THE STRICT OBSERVANCE OF EACH AND EVERY <br /> ONE OF THE OBLIGATIQNS, COVENANTS, CONDITIONS AND REQUIREMENTS OF <br /> THIS AGREEMENT. THE PARTIES EXPRESSLY ASSUME THE RISK OF SUCH <br /> ADVERSE ECONOMIC 4R MARKET CHANGES, WHETHER OR NOT FORESEEABLE <br /> AS OF THE EFFECTIVE DATE. NOTW�THSTANDING THE FOREGOING, HOWEVER, <br /> NOTHING IN THIS SECTI4N 8.15.2 SHALL BE CQNSTRUED TO LIMIT THE <br /> DISCRETI�N OF THE CITY COUNCIL TO CONSIDER AND AGREE TO <br /> MODIFICATIONS IN THE SCHEDULE OF PERFORMANCE IF SO REQUESTED BY <br /> DEVEL4PER 1N WRITING. <br /> Initials of Authorized Initials of Authorized <br /> Representative(s} of Cxty Representative(s) of Developer <br /> 8.1� Real Estate Commissions. The City shall not be responsible for any real estate <br /> brokerage or sales cornmissions, fmder fees or similar charges that may arise from or be related <br /> to this Agreement. The Developer shall be solely responsible for any real estate brokerage or <br /> sales commissions, finder fees or sir�nilar charges that may arise from or be related to this <br /> Agreement that are claimed by any Person engaged by the Developer relating to the Site, the <br /> B2463.00009175713I2.1 D S 1 <br />