Limited Liability of the Agency and the City. Except as otherwise provided in the DDA, Xxxxxxxxx agrees that any and all obligations of the Agency or the City arising out of or related to this Agreement are special and limited obligations of the Agency and the City, as applicable, and the Agency’s and City’s obligations to make any payments under this Agreement to implement the Financing Plan are restricted entirely to available Funding Sources as provided in the Financing Plan and from no other source. No member of the Board of Supervisors, the Agency Commission, or Agency or City staff member or employee will incur any liability under this Agreement to Developer in their individual capacities by reason of their actions under this Agreement or execution of this Agreement. It is understood and agreed that no commissioners, members, officers, or employees of the Agency or the City (or of either of its successors or assigns) will be personally liable to Developer, nor will any officers, directors, shareholders, agents, or employees of Developer (or of its successors or assigns) be personally liable to the Agency or the City in the event of any default or breach of this Agreement by the Agency or Developer or for any amount that may become due to Developer or the Agency or the City, as the case may be, under this Agreement or for any obligations of the Parties under this Agreement.
Appears in 3 contracts
Samples: Acquisition and Reimbursement Agreement, Acquisition and Reimbursement Agreement, Acquisition and Reimbursement Agreement
Limited Liability of the Agency and the City. Except as otherwise provided in the DDA, Xxxxxxxxx Developer agrees that any and all obligations of the Agency or the City arising out of or related to this Agreement are special and limited obligations of the Agency and the City, as applicable, and the Agency’s and City’s obligations to make any payments under this Agreement to implement the Financing Plan are restricted entirely to available Funding Sources as provided in the Financing Plan and from no other source. No member of the Board of Supervisors, the Agency Commission, or Agency or City staff member or employee will incur any liability under this Agreement to Developer in their individual capacities by reason of their actions under this Agreement or execution of this Agreement. It is understood and agreed that no commissioners, members, officers, or employees of the Agency or the City (or of either of its successors or assigns) will be personally liable to Developer, nor will any officers, directors, shareholders, agents, or employees of Developer (or of its successors or assigns) be personally liable to the Agency or the City in the event of any default or breach of this Agreement by the Agency or Developer or for any amount that may become due to Developer or the Agency or the City, as the case may be, under this Agreement or for any obligations of the Parties under this Agreement.
Appears in 2 contracts
Samples: Acquisition and Reimbursement Agreement, Acquisition and Reimbursement Agreement
