Common use of Miscellanous Clause in Contracts

Miscellanous. 26. The Developer shall indemnify, defend and hold the City, its elected officials, appointees, directors, employees, agents, and representatives harmless from all liability that may result from the Developer’s breach of this Agreement, or its failure to conform to the requirements of Chapter 20.30 of the Code, as may be amended, or its failure to comply with any other law, regulation or rule that governs the construction, occupancy, sale or lease of any MPDU. 27. No waiver by the City of a specific breach or default of this Agreement shall be enforceable unless the waiver is in writing and signed by a person with authority to make the waiver, and any such waiver shall not constitute a waiver of any other or subsequent breach or default of this Agreement of the same or similar or different nature. No failure by the City to exercise, and no delay in exercising, any right or remedy permitted by law or pursuant to this Agreement shall operate as a waiver of such right or remedy. 28. Upon any default or breach of this Agreement by the Developer, the City shall have authority to issue stop work orders, suspend or revoke any or all building, grading, use and occupancy permits, and any other permits or approvals issued to the Developer in connection with the Property or any MPDU, and to deny the issuance of all subsequent permits or approvals, or suspend or revoke subsequent permits or approvals issued in connection with the Property or any MPDU, and invoke any other enforcement measures authorized by Chapter 20.30 of the Code, as may be amended, any applicable regulations of the Department, and any other application laws, regulations or rules. 29. This Agreement shall run with the Property and shall be binding upon the Developer’s successors and assigns. 30. This Agreement shall survive the execution and delivery of all deeds by which the Developer transfers title to the Property or to any MPDU on the Property, and to all leases by which the Developer rents any MPDU within the Property, and shall not merge therein. 31. All notices required of the parties shall be sent to at 32. Nothing contained in this Agreement shall be construed to constitute the Developer as an agent, representative or employee of the City. Nor shall anything contained in this Agreement be construed in any manner to create any relationship between the Developer and the City other than what is expressly specified herein, and the Developer and the City shall not be considered partners or co-venturers for any purpose on account of this Agreement. 33. This Agreement shall be construed for all purposes in accordance with the laws of the State of Maryland. The venue for any actions pursuant to this Agreement shall be the courts of Xxxx Arundel County, Maryland. The parties waive trial by jury in any action brought pursuant to this Agreement. 34. This Agreement, the Declaration, and the Agreement to Build set forth the entire agreement between the parties relative to the subject matter hereof. No representation, promise or condition, whether oral or written, not incorporated herein shall be binding upon either party to this Agreement. This Agreement shall not be waived, amended or modified except in writing and signed by the authorized representative(s) of the parties.

Miscellanous. 26. The Developer shall indemnify, defend and hold the City, its elected officials, appointees, directors, employees, agents, and representatives harmless from all liability that may result from the Developer’s breach of this Agreement, or its failure to conform to the requirements of Chapter 20.30 of the Code, as may be amended, or its failure to comply with any other law, regulation or rule that governs the construction, occupancy, sale or lease of any MPDU. 27. No waiver by the City of a specific breach or default of this Agreement shall be enforceable unless the waiver is in writing and signed by a person with authority to make the waiver, and any such waiver shall not constitute a waiver of any other or subsequent breach or default of this Agreement of the same or similar or different nature. No failure by the City to exercise, and no delay in exercising, any right or remedy permitted by law or pursuant to this Agreement shall operate as a waiver of such right or remedy. 28. Upon any default or breach of this Agreement by the Developer, the City shall have authority to issue stop work orders, suspend or revoke any or all building, grading, use and occupancy permits, and any other permits or approvals issued to the Developer in connection with the Property or any MPDU, and to deny the issuance of all subsequent permits or approvals, or suspend or revoke subsequent permits or approvals issued in connection with the Property or any MPDU, and invoke any other enforcement measures authorized by Chapter 20.30 of the Code, as may be amended, any applicable regulations of the Department, and any other application laws, regulations or rules. 29. This Agreement shall run with the Property and shall be binding upon the Developer’s successors and assigns. 30. This Agreement shall survive the execution and delivery of all deeds by which the Developer transfers title to the Property or to any MPDU on the Property, and to all leases by which the Developer rents any MPDU within the Property, and shall not merge therein. 31. All notices required of the parties shall be sent to atat on behalf of the Developer and to the Department at 000 Xxxxxx Xxxxxx, 3rd Floor, Annapolis, Maryland 21401 on behalf of the City. Except for any notice required to be given by law in another manner, the parties shall give notice to each other for any matters having to do with this Agreement by sending such notice by regular or certified mail or by delivering it in person to the address each has designated above, or such other address as they may designate to the other. The parties may mutually agree that e-mail or fax notice is an acceptable alternative. 32. Nothing contained in this Agreement shall be construed to constitute the Developer as an agent, representative or employee of the City. Nor shall anything contained in this Agreement be construed in any manner to create any relationship between the Developer and the City other than what is expressly specified herein, and the Developer and the City shall not be considered partners or co-venturers for any purpose on account of this Agreement. 33. This Agreement shall be construed for all purposes in accordance with the laws of the State of Maryland. The venue for any actions pursuant to this Agreement shall be the courts of Xxxx Arundel County, Maryland. The parties waive trial by jury in any action brought pursuant to this Agreement. 34. This Agreement, the Declaration, and the Agreement to Build set forth the entire agreement between the parties relative to the subject matter hereof. No representation, promise or condition, whether oral or written, not incorporated herein shall be binding upon either party to this Agreement. This Agreement shall not be waived, amended or modified except in writing and signed by the authorized representative(s) of the parties.

Miscellanous. 26. 10.1 The covenants and obligations of the Owner / Developer under this Agreement are joint and several except for those to transfer land to the Council in which case they shall indemnify, defend and hold be those of such of the City, its elected officials, appointees, directors, employees, agents, and representatives harmless from all liability that may result from holder of the Developer’s freehold of the relevant land 10.2 No person shall be liable for any breach of the planning obligations contained in this Agreement, Agreement occurring after he has parted with all of his interest in the Site or its failure to conform the part in respect of which such breach occurs without prejudice to the requirements Council's continuing ability to enforce this Agreement and the said planning obligations against the Site and any successor in title from time to time and also without prejudice to liability for any breach occurring prior to parting with such interest 10.3 This Deed shall not be enforceable against owner occupiers or tenants of Chapter 20.30 dwellings constructed pursuant to the Planning Permission nor against those deriving title from them. 10.4 If the Planning Permission expires within the meaning of Sections 91, 92 or 93 of the Code, as may be amended, Act or its failure is not implemented or is revoked quashed or otherwise withdrawn this Agreement shall cease to comply with any other law, regulation or rule that governs the construction, occupancy, sale or lease of any MPDU.have effect 27. No waiver 10.5 Any approval given by the City of a specific breach Council under this Agreement or default for the purposes of this Agreement shall not be enforceable unless the waiver is in writing and signed by a person with authority nor be deemed to make the waiver, and be approval for any other purpose whatsoever 10.6 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid illegal or unenforceable then such waiver invalidity illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed. 10.7 No waiver (whether express or implied) by the Council in respect of any breach or default by the [Owner / Developer] in the performance or observation of the Planning Obligations in whole or in part shall constitute a continuing waiver or prevent the Council from enforcing any of the obligations or conditions contained in the Planning Obligations or acting upon any other or subsequent breach or default of this Agreement of the same or similar or different nature. No failure Planning Obligations by the City to exercise, and no delay in exercising, any right or remedy permitted by law or pursuant to this Agreement shall operate as a waiver of such right or remedy.[Owner / Developer] 28. Upon any default or breach of this Agreement by the Developer, the City shall have authority to issue stop work orders, suspend or revoke any or all building, grading, use and occupancy permits, and any other permits or approvals issued to the Developer in connection with the Property or any MPDU, and to deny the issuance of all subsequent permits or approvals, or suspend or revoke subsequent permits or approvals issued in connection with the Property or any MPDU, and invoke any other enforcement measures authorized by Chapter 20.30 of the Code, as may be amended, any applicable regulations of the Department, and any other application laws, regulations or rules. 29. This Agreement shall run with the Property and shall be binding upon the Developer’s successors and assigns. 30. This Agreement shall survive the execution and delivery of all deeds by which the Developer transfers title to the Property or to any MPDU on the Property, and to all leases by which the Developer rents any MPDU within the Property, and shall not merge therein. 31. All notices required of the parties shall be sent to at 32. 10.8 Nothing contained or implied in this Agreement shall be construed as prohibiting or limiting any right to constitute the Developer as an agent, representative or employee develop any part of the City. Nor shall anything contained Site in this Agreement be construed in any manner to create any relationship between the Developer and the City accordance with a planning permission (other than what is expressly specified herein, and the Developer and Planning Permission) granted by the City shall not be considered partners Council or co-venturers for any purpose on account appeal after the date of this Agreement. 33. This 10.9 All works and / or acts required to be undertaken by any party under this Agreement shall be construed for all purposes in accordance with the laws of the State of Maryland. The venue for any actions pursuant or as incidental to this Agreement shall in all respects be at the courts cost of Xxxx Arundel County, Maryland. The parties waive trial by jury in any action brought pursuant to this Agreement. 34. This Agreement, the Declaration, and the Agreement to Build set forth the entire agreement between the parties relative to the subject matter hereof. No representation, promise or condition, whether oral or written, not incorporated herein shall be binding upon either party to this Agreement. This Agreement shall not be waived, amended or modified except in writing and signed by the authorized representative(s) of the parties.that party