ORD 2158 - Laserfiche WebLink

(c) If City receives notice from a Mortgagee requesting a copy of any Notice of Default regarding all or a portion of the Property, then City shall deliver to such Mortgagee, concurrently with service thereof to Developer, any such notice given to Developer with respect to any claim by City that Developer has defaulted, and if City makes a determination of noncompliance under Section 6.3 above, City shall likewise serve notice of such noncompliance on such Mortgagee concurrently with service thereof on Developer. Each Mortgagee shall have the right(but not the obligation) for a period of ninety (90) days after receipt of such notice to cure, or to commence to cure,the alleged default set forth in said notice in accordance with Section 6.3 above. If the default or such noncompliance is of a nature that can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall have the right (but not the obligation)to seek to obtain possession with diligence and continuity through a receiver or otherwise, and thereafter to remedy or cure the default or noncompliance within ninety (90) days after obtaining possession, except if any such default or noncompliance cannot, with diligence, be remedied or cured within such ninety (90) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance if such Mortgagee commences cure during such ninety (90) day period, and thereafter diligently pursues completion of such cure to the extent possible. Notwithstanding the foregoing, nothing contained in this Agreement shall be deemed to permit or authorize any Mortgagee or Mortgagee Successor to undertake or continue construction or completion of any improvements comprising the Project(beyond the extent necessary to conserve or protect improvements or construction already made)without first having expressly assumed the defaulting Developer's continuing obligations hereunder in the manner specified in Section 9.3(b), above. SECTION 10. GENERAL PROVISIONS. 10.1 Independent Contractors. Each Party is an independent contractor and shall be solely responsible for the employment, acts, omissions, control and directing of its employees. All persons employed or utilized by Developer in connection with this Agreement and the Project shall not be considered employees of City in any respect. Except as expressly set forth herein, nothing contained in this Agreement shall authorize or empower any Party to assume or create any obligation whatsoever, express or implied, on behalf of any other Party or to bind any other Party or to make any representation, warranty or commitment on behalf of any other Party. 10.2 Invalidity of Agreement and Severability of Provisions. If this Agreement in its entirety is determined by a court of competent jurisdiction to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment, including the entry of judgment in connection with any appeals. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid and unenforceable, the remaining provisions shall continue in full force and effect. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either City or Developer may terminate this Agreement as to Developer (in the case of Developer taking such action,the 17