2706 (2) - Laserfiche WebLink

;; ;: Canal as described in Recital F. City shall not use any of the In Lieu Funds to construct parking facilities until one year after the execution of this Agreement, it being the contemplation of both parties that Owner shall undertake construction of the necessary off-street parking spaces during this period with Owner's own funds. 5. General Provisions. a. Amendment and Termination. City and Owner may by mutual written agreement terminate or amend the terms of this Agreement. Any amendment shall be in accordance with the terms of Section 2-9.22 for the adoption of in lieu parking agreements. b. Construction of Agreement. The language in this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. The captions of the paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. If any material provision of this Agreement shall be judged to be invalid, void or illegal, the parties may by mutual agreement amend or terminate this Agreement in the manner provided by Section 2-9.22 for the adoption of in lieu parking agreements. c. No Waiver. No delay or omission by the City in exercising any right or power accruing upon the noncompliance or failure to perform by Owner under the provisions of this Agreement shall impart any such right or power or be construed to be a waiver thereof. - 7 -