Action by County. County agrees that it will accept, in good faith, for processing review and action, all applications for development permits or other entitlements for use of the Property in accordance with the Entitlements and this Agreement, and shall exercise its best efforts to act upon such applications in an expeditious manner. Accordingly, to the extent that the applications and submittals are in conformity with the Entitlements, Applicable Law and this Agreement and adequate funding by Developer exists therefor, County agrees to diligently and promptly accept, review and take action on all subsequent applications and submittals made to County by Developer in furtherance of the Project. Similarly, County shall promptly and diligently review and approve improvement plans, conduct construction inspections and accept completed facilities. In the event County does not have adequate personnel resources or otherwise cannot meet its obligations under this Section 4.4, and Developer enters into an agreement with County to pay all costs of County in conjunction therewith, County will utilize, consistent with County policy, outside consultants for inspection and plan review purposes at the sole expense of Developer. Developer acknowledges that, notwithstanding the ability to hire such outside consultants, County may need to retain adequate staff to supervise the work of the consultants, which may require additional lead time and expense in order for the County to effectively and efficiently use the consultants to assist in this work. County will consult with Developer concerning the selection of the most knowledgeable, efficient and available consultants for purposes of providing inspection and plan review duties for the County and the Project.
Action by County to effectuate a cancellation and forfeiture of possession shall be without prejudice to the exercise of any other rights provided herein or by law to remedy a breach of this Agreement.
Action by County. If the District at any time shall fail to pay taxes, insurance premiums, assessments, or liens, to make any payment or perform any act required by this Contract to be made or performed by it, the County, without waiving or releasing the District from any obligation or default under this Contract, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the District. All sums so paid by the County and all costs and expenses so incurred shall accrue interest at the rate of one percent, compounded monthly, from the date of payment or incurring thereof by the County and shall constitute additional costs payable by the District under this Contract and shall be paid by the District to the County upon demand. Unless otherwise provided herein, all other sums payable by the District to the County under this Contract, if not paid when due, shall accrue interest at the rate of eighteen one percent, compounded monthly, from their due date until paid, said interest to be deemed additional costs under this Contract and shall be paid to the County by the District upon demand. County reserves the right to waive any accrued interest at its sole discretion.
