Laserfiche WebLink
(b) If any part of this Agreement or any Project Approval is held by a court of <br />competent jurisdiction to be invalid, the Parties shall cooperate and use their best efforts, to the <br />extent permitted by law, to cure any inadequacies or deficiencies identified by the court in a <br />manner consistent with the purposes of this Agreement. <br />SECTION 7. TERMINATION. <br />7.1 Termination Upon Completion of Project or Expiration of Term. <br />This Agreement shall terminate upon the expiration of the Term or earlier as set forth in this <br />section. Upon termination of this Agreement, either Party may cause a notice of such <br />termination in a form satisfactory to the City Attorney to be duly recorded in the official records <br />of Alameda County. <br />7.2 Termination Due to Default. <br />After notice and expiration of the sixty (60) day cure period as specified in Section 6.3 above, if <br />the default has not been cured or it is not being diligently cured in the manner set forth above, the <br />noticing Party may, at its option, give notice of its intent to terminate this Agreement pursuant to <br />the Development Agreement Statute ( "Notice of Intent to Terminate "). Within thirty (30) days <br />of receipt of a Notice of Intent to Terminate, the matter shall be scheduled for consideration and <br />review in the manner set forth in the Development Agreement Statute. Following consideration <br />of the evidence presented in said review, the Party alleging the default may give written notice of <br />termination of this Agreement. If a Party elects to terminate as provided herein, upon sixty (60) <br />days' written notice of termination, this Agreement shall be terminated as it relates to the <br />defaulting Party's rights and obligations hereunder. Notwithstanding the foregoing, a written <br />notice of termination given under this Section 7.2 is effective to terminate the obligations of the <br />noticing Party only if a default has occurred and such default, as a matter of law, authorizes the <br />noticing Party to terminate its obligations under this Agreement. In the event the noticing Party <br />is not so authorized to terminate, the non - noticing Party shall have all rights and remedies <br />provided herein or under applicable law, including, without limitation, the right to specific <br />performance of this Agreement. Once a Party alleging default has given a written notice of <br />termination, legal proceedings may be instituted to obtain a declaratory judgment determining <br />the respective termination rights and obligations under this Agreement. Notwithstanding the <br />foregoing, any such default and related termination shall only extend to the defaulting Party's <br />rights and obligations hereunder and shall not affect the rights and obligations of any other <br />Assignee who has acquired other portions of the Property in accordance with Section 9.1 below. <br />7.3 Termination by Mutual Consent. <br />This Agreement may be terminated by mutual consent of the Parties in the manner provided in <br />the Development Agreement Statute. <br />14 <br />