PC 2000-49 - Laserfiche WebLink

considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Cons~i~on. Notwithstanding the provisions of this Section.5.5, either party shall be entitled to s~ek declaratory and injunctive relief in any court of competent jurisdiction to enforce the terms of this Agreement, or to enjoin the oth~ ~ fi~om an asserted breach thereof, pending the selection of a referee as provided in this Section 5.5, on a showing that the moving party would othen~ise suffe~ irreparable harm. 5.6 Resolution of Disoutes Reallrdin~ AiRsllt-~tlnn of Existin~ Standard. The parties recognize that disputes may arise from time to time regarding the application of Existing Standards to the development of the Project. Therefore, in addition, and not by way of limitation, to all other remedies available to the parties under the terms of this Agreement, the parties wish to establish a dispute resolution procedure that is designed to expedite the resolution of dispules relating to the application of Existing Standards to the Project. If, from time to time, a dispute arises between the parties, e.g., a dispute in the field regarding the application or interpretation of one or more Existing Standards, the dispute shall initially be presented to the Planning or Public Works Director, whichever is appropriate, for resolution. If the Planning/Public Works Director decides the dispute to the satisfaction of Property Owner, the Planning/Public Works Director's decision shall be deemed to have resolved the matter. If the Planning/Public Works Director cannot resolve the dispute to the Property Owner's satisfaction, the dispute shall next be considered by the City Manager. If the City Manager decides the dispute to the satisfaction of Property Owner, the City Manager's decision shall be deemed to have resolved the matter. It is the intention of the parties that only the Property Owner shall have a right to carry the dispute to a higher level under the procedures described in this Section 5.6. 5.7 Aovlicable Law/Attorneys' Fees. (a) This Development Agreement shall be construed and enforced in accordance with the laws of the State of Caiifornia~ Co) If City or Property Owner~ brings an action or proceeding (including, without limitation, any motion, order to show cause, cross-complaint, counterclaim, or third- party claim) by reason of defaults, breaches, tortious acts, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit including, but not limited to, reasonable attorneys' fees and expert witness fees. Fo~ purposes hereof, reasonable attorneys' fees shall be based upon the fees regularly charged by private attorneys in Santa Clara county notwithstanding a party's use of its own staff attorneys. (c) Attorneys' fees under this Section shall include attorneys' fees on any appeal and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys' fees to the prevailing parry, the prevailing party in any lawsuit shall be entitled to its attorneys' fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. · ' 35690/849375v$ -21- 0~04/00