Laserfiche WebLink
(c) Any other information reasonably requested by SPA or a Developer. <br /> The failure to deliver such a statement within such time shall constitute a <br /> conclusive presumption against City that this Agreement is in full force and effect <br /> without modification except as may be represented by SPA or a Developer and <br /> that there are no uncured defaults in the performance of SPA or a Developer, <br /> except as may be represented by SPA or a Developer. SPA or a Developer shall <br /> have the right, at SPA or a Developer's sole discretion, to record the Notice of <br /> Compliance. <br /> ARTICLE 9. COOPERATION IN THE EVENT OF LEGAL CHALLENGE <br /> Section 9.01. Cooperation. In the event of any administrative, legal or equitable <br /> action or other proceeding instituted by any person not a party to this Agreement <br /> challenging the validity of any provision of this Agreement or any Project <br /> Approval or Subsequent Approval, City and SPA and/or those Developers <br /> affected by such action or proceeding shall cooperate in defending such action or <br /> proceeding unless prior to the time or within three business days of the City's <br /> approval of this Agreement, any Project Approval or Subsequent Approval, SPA <br /> and/or a Developer affected by such approval provides written notice to the City <br /> that it objects to the procedures used by the City or to the substantive provisions <br /> of such approval. City, SPA and/or those Developers affected by such action or <br /> proceeding shall use best efforts to select mutually agreeable legal counsel to <br /> defend such action, and SPA and any Developer shall pay compensation for such <br /> legal counsel; provided, however, that such compensation shall include only <br /> compensation paid to counsel not otherwise employed as City staff and shall <br /> exclude, without limitation, City Attorney time and overhead costs and other City <br /> staff time and overhead costs and normal day-to-day business expenses incurred <br /> by City. SPA or a Developer's obligation to pay for legal counsel shall not <br /> extend to fees incurred on appeal unless otherwise authorized by SPA or a <br /> Developer. Unless SPA or any Developer has provided written notice to the City <br /> as provided in the first sentence of this Section, SPA and any Developer shall <br /> also reimburse the City for any award of attorney fees or court costs awarded to <br /> any person not a party to this Agreement in any administrative, legal or equitable <br /> action or other proceeding instituted by any person not a party to this Agreement <br /> challenging the validity of any provision of this Agreement or any Project <br /> Approval or Subsequent Approval. In the event SPA and/or a Developer and <br /> City are unable to select mutually agreeable legal counsel to defend such action <br /> or proceeding, each party may select its own legal counsel at its ovm expense. <br /> Section 9.02. Cure; Reapproval. If, as a result of any administrative, legal or <br /> equitable action or other proceeding as described in Section 10.06, all or any <br /> portion of this Agreement, the Project Approvals, or any Subsequent Approvals <br /> are set aside or otherwise made ineffective by any judgment (a"Judgment") in <br /> such action or proceeding (based on procedural, substantive or other deficiencies, <br /> hereinafter"Deficiencies"), City and SPA and/or the Developers affected by the <br /> Judgment agree to use their respective best efforts to sustain and reenact or <br /> 24 <br />