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RES 01105
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RES 01105
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1/10/2002 5:04:47 PM
Creation date
10/19/2001 8:43:19 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/2/2001
DOCUMENT NO
RES 01105
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Section 13.6 Specific Performance. The parties agree that the subject matter of <br />this Amended Cooperative Fee Agreemem is unique and there£ore, in addition to any and all <br />other remedies, the parties shall have the fight to obtain specific performance of this Amended <br />Cooperative Fee Agreement. <br /> <br /> Section 13.7 Imerpretation. This Amended Cooperative Fee Agreemem shall be <br />governed by, and construed in accordance with, the internal laws of the State of California. <br />Titles and headings of sections of this Amended Cooperative Fee Agreement are for convenience <br />of reference only and shall not affect the construction of any provision of this Amended <br />Cooperative Fee Agreement. As used herein: (i) the singular shall include the plural (and vice <br />versa) and the masculine or neuter gender shall include the feminine gender (or vice versa) where <br />appropriate; (ii) locative adverbs such as "herein", "hereto", and "hereunder" shall refer to this <br />Amended Cooperative Fee Agreement in its entirety and not to any specific section or paxagraph; <br />and (iii) the terms "include", "including", and similar terms shall be construed as though <br />followed immediately by the phrase "but not limited to". The parties have jointly participated in <br />the negotiation and drafting of this Amended Cooperative Fee Agreement. upon advice from <br />counsel, and this Amended Cooperative Fee Agreement shall be construed fairly and equally as <br />to all parties as if drafted jointly by them. <br /> <br /> Section 13.8 Time. Whenever under the terms of this Amended Cooperative <br />Fee Agreement the time for performance of any covenant or condition falls upon a Saturday, <br />Sunday or generally recognized holiday, such time for performance shall be extended to the next <br />business day. Except as otherwise expressly provided herein, all references in this Amended <br />Cooperative Fee Agreement to "days" shall refer to calendar days. Time is of the essence of this <br />Amended Cooperative Fee Agreement and each and every provision thereof. <br /> <br /> Section 13.9 Advice of Legal Counsel. Each party, hereto acknowledges that <br />such party, has been advised to seek advice from independent legal counsel with respect to the <br />advisability of execution of this Amended Cooperative Fee Agreement and has obtained or <br />determined not to obtain such advice in the prudent exercise of its business judgment. <br /> <br /> ARTICLE XIV <br />TERM OF AGREEMENT <br /> <br /> Section 14.1 Term of this Amended Cooperative Fee A~reement. The term of <br />this Amended Cooperative Fee Agreement shall begin as of the Effective Date and end when all <br />of the Cooperative Fee Developers' obligations under this Amended Cooperative Fee Agreement <br />are met, including payment of all Residential School Fe~s. and further, when the first of the <br />following events occur: (a) buildout of the City, (b) completion of and payment in full for all <br />projects identified on Exhibit "B", or (c) indication by District that sufficient funding is available <br />to ensure completion of all projects identified on Exhibit "B" within the District's intended time <br />frame. <br /> <br /> Section 14.2 Surviving Rights and Obli~,ations. Notwithstanding Section 14.1 <br />of this Amended Cooperative Fee Agreement: (a) the Cooperative Fee Developers' rights to <br />credits and reimbursements shall survive consistent with the terms of Section 2.4 of this <br /> <br />June 1,2001 <br /> <br /> <br />
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