PC-92-80 - Laserfiche WebLink

Event of Default, and the performance of the same or any other term or provision contained in this Agreement. Except as provided in section 10.3 above, all of the remedies permitted or available to a party under this Aqreement, or at law or in equity, shall be cumulative and not alternative, and innovation of any right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. 9.5 Effect of Termination. If this Agreement is terminated on account of an Event of Default, the termination shall not affect any right or duty emanating from city entitlements or approvals with respect to the property approved concurrently or subsequently to the approval of this Agreement, but the rights, duties and obligations of the parties hereunder shall otherwise cease as of the date of the termination. If City is the terminating party, then any and all benefits, including money or land received by City, shall be retained by city. If Developer is the terminating party, Developer shall be entitled to all of the benefits arising out of, or entitlements on account of, any Additional Mitigations paid, given or dedicated to, or , received by, city under this Agreement. Notwithstanding the foregoing provisions, no termination of this Agreement shall prevent Developer from completing and occupying buildings or other improvements authorized pursuant to valid building permits previously approved by city or under construction at the time of termination, but city may take any action permitted by law to prevent, stop or correct any violation of law occurring during and after construction, and neither Developer nor any tenant shall occupy any portion of the Project, or any building not authorized by a previously issued building permit. As used herein, "construction" shall mean work under a valid building permit, and "completing" shall mean completion except for interior improvements, such as partitions, duct and electrical runouts, floor coverings, wall coverings, lighting, furniture, trade fixtures, finished ceilings, and other improvements typically constructed by or for tenants of similar buildings. All uses hereunder shall, to the extent applicable, be deemed nonconforming uses, and shall be subject to the nonconforming use provisions of City'S Planning Code. 9.6 Limitations on Actions. Any action by any third person to attack, review, set aside, void or annul any action or decision taken by either party hereunder shall not be maintained unless the action or proceeding is commenced within ninety (90) days after the date the decision or action is made or taken hereunder. If any action or proceeding is instituted by any third person or any action or decision taken or made hereunder, the parties shall cooperate in defending the action or proceeding. - 12 - .. .