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liabilities, costs, and expenses (including court costs and attorney's fees) (collectively, "Claims") <br /> resulting from or arising out of the development of the Project contemplated by this Agreement, <br /> other than a liability or claim based upon City's negligence or willful misconduct. The <br /> indemnity obligations of this Agreement shall not extend to Claims arising from activities <br /> associated with the maintenance or repair by the City or any other public agency of <br /> improvements that have been accepted for dedication by the City or such other public agency. <br /> 10.13 No Waiver. <br /> No waiver by either Party of any provision of this Agreement shall be considered a waiver of any <br /> other provision of any subsequent breach of the same or any other provisions, including the time <br /> for performance of any such provisions, and shall have no effect with respect to any other Party's <br /> rights and obligations hereunder. The exercise by a Party of any right or remedy as provided in <br /> this Agreement or provided by law shall not prevent the exercise by the Party of any other <br /> remedy provided in this Agreement or under the law, and shall have no effect with respect to any <br /> other Party's rights and remedies as provided herein. <br /> 10.14 Construction. <br /> This Agreement has been reviewed and revised by legal counsel for both City and Developer and <br /> no presumption or rule that ambiguities shall be construed against the drafting Party shall apply <br /> to the interpretation or enforcement of this Agreement. The provisions of this Agreement and <br /> the attached exhibits shall be construed as a whole according to their common meaning and not <br /> strictly for or against either Party, and in a manner that shall achieve the purposes of this <br /> Agreement. Wherever required by the context, the masculine gender shall include the feminine <br /> or neuter genders, or vice versa. <br /> 10.15 Entire Agreement. <br /> This Agreement and all exhibits constitute the entire agreement between the Parties and <br /> supersede all prior discussions, negotiations, and agreements whether oral or written. Any oral <br /> representations or modifications concerning this instrument shall be of no force or effect unless <br /> contained in a subsequent written notification signed by both Parties. <br /> 10.16 Estoppel Certificate. <br /> Either Party from time to time may deliver written notice to the other Party requesting written <br /> confirmation that, to the knowledge of the certifying Party: (a)this Agreement is in full force and <br /> effect and constitutes a binding obligation of the Parties; (b) this Agreement has not been <br /> amended either orally or in writing, or if it has been amended, specifying the nature of the <br /> amendment(s); and(c)the requesting Party is not in default in the performance of its obligations <br /> under this Agreement, or if in default, describing therein the nature of the default. A Party <br /> receiving a request shall execute and return the certificate within thirty (30) days after receipt <br /> thereof. The Community Development Director shall have the right to execute any such <br /> certificate requested by Developer. At Developer' request, the certificate provided by City <br /> establishing the status of this Agreement with respect to any lot or parcel shall be in recordable <br /> 20 <br />