No Damages Against Developer/Owner. It is acknowledged by the City that neither Developer nor Owner would have entered into this Agreement if they were to be liable in damages in connection with any non-monetary default hereunder. Consequently, and except for the payment of attorneys’ fees and court costs, neither Developer nor Owner shall be liable in damages to the City for any nonmonetary default, and the City covenants on behalf of itself not to sue for or claim any damages: (a) for any non-monetary default hereunder; or (b) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. The City, Owner and Developer agree that the provisions of this Section 11.3.6 do not apply for damages which: (a) are for a monetary default; or (b) do not arise out of or which are not connected with any dispute, controversy or issue regarding the application, interpretation, or effect of the provisions of this Agreement to or the application of, any City rules, regulations, or official policies.
Appears in 3 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
No Damages Against Developer/Owner. It is acknowledged by the City that neither Developer nor Owner would have entered into this Agreement if they were to be liable in damages in connection with any non-monetary default hereunder. Consequently, and except for the payment of attorneys’ attorneys‟ fees and court costs, neither Developer nor Owner shall be liable in damages to the City for any nonmonetary default, and the City covenants on behalf of itself not to sue for or claim any damages:
(a) for any non-monetary default hereunder; hereunder or;
(b) arising out of or connected with any dispute, controversy or issue regarding regarding; of this Agreement.
(c) the application or interpretation or effect of the provisions of this Agreement. The City, Owner and Developer agree that the provisions of this Section 11.3.6 do not apply for damages which:
(a) are for a monetary default; or
(b) do not arise out of or which are not connected with any dispute, controversy or issue regarding the application, interpretation, or effect of the provisions of this Agreement to or the application of, any City rules, regulations, or official policies.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
