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Times of performance under this Agreement may also be extended in writing by the <br />mutual agreement of Developer and City (acting in the discretion of the Authorized <br />Representative unless he or she determines in his or her discretion to refer such matter to the <br />City Council). City and Developer acknowledge that, notwithstanding any contrary provision of <br />this Agreement, adverse changes in economic conditions, either of the affected Party specifically <br />or the economy generally, changes in market conditions or demand, and/or inability to obtain <br />financing to complete the Project shall not constitute grounds of enforced delay pursuant to this <br />Section. Each Party expressly assumes the risk of such adverse economic or market changes <br />and/or financial inability, whether or not foreseeable as of the Effective Date. <br />11.3 Notices. Except as otherwise specified in this Agreement, all notices to be sent <br />pursuant to this Agreement or any other City Document shall be made in writing, and sent to the <br />Parties at their respective addresses specified below or to such other address as a Party may <br />designate by written notice delivered to the other Parties in accordance with this Section. All <br />such notices shall be sent by: (i) personal delivery, in which case notice is effective upon <br />delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be <br />deemed delivered on receipt if delivery is confirmed by a return receipt; or (iii) nationally <br />recognized overnight courier, with charges prepaid or charged to the sender's account, in which <br />case notice is effective on delivery if delivery is confirmed by the delivery service. <br />City: <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Attention: City Manager <br />Developer: Sunflower Irby LLC <br />c/o Satellite Affordable Housing Associates <br />1835 Alcatraz Avenue <br />Berkeley, CA 94703 <br />Attention: Executive Director <br />11.4 Attorneys' Fees. If either Party fails to perform any of its obligations under this <br />Agreement, or if any dispute arises between the Parties concerning the meaning or interpretation <br />of any provision hereof, then the prevailing Party in any proceeding in connection with such <br />dispute shall be entitled to the costs and expenses it incurs on account thereof and in enforcing or <br />establishing its rights hereunder, including, without limitation, court costs and reasonable <br />attorneys' fees and disbursements. <br />11.5 Waivers; Modification. No waiver of any breach of any covenant or provision of <br />this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no <br />waiver shall be valid unless in writing and executed by the waiving Party. An extension of time <br />for performance of any obligation or act shall not be deemed an extension of the time for <br />performance of any other obligation or act, and no extension shall be valid unless in writing and <br />executed by the Party granting the extension. This Agreement may be amended or modified only <br />by a written instrument executed by the Parties. <br />OAK #4845-1087-0362 v5 <br />41 <br />