Performance by City. City will not be in default for the nonperformance or interruption or delay in performance of any of the terms, covenants, or conditions of this Agreement if due to a labor dispute, strike, lockout, civil commotion or like operation, government regulation or controls, inability to obtain labor or materials, or through an act of God or other cause beyond the reasonable control of City, if such cause is not due to the willful act or neglect of City.
Performance by City. Developer acknowledges and agrees that all of the obligations of the City under this Agreement shall be subject to, and performed by the City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with the City’s lawful authority.
Performance by City. It is understood that should Developer fail to construct any or all of the improvements as herein provided, the City may construct or cause to construct such improvements not completed under this Agreement. The City may draw against any of the securities mentioned herein for payment of any labor and/or materials expended to fulfill this Agreement.
Performance by City. The City shall comply with Sections 8, 9, and 10 in the Consent Judgment. If the Consent Judgment is not entered by the court then the City shall comply with Sections 8, 9 and 10 in the Stipulation and Proposed Consent Judgment filed by the parties in the Superior Court for Imperial County, and (i) references in the Agreement to paragraph numbers in the Consent Judgment shall instead apply to paragraph numbers in the Stipulation and Proposed Consent Judgment filed by the parties in the Superior Court for Imperial County; and (ii) the State Water Board may enforce any violation of Sections 8, 9, and 10 as if each term was fully set forth herein. Further, if any term in Sections 8, 9 and/or 10 of the Consent Judgment is stricken or deemed unenforceable by the court, then the State Water Board may enforce the term as if fully set forth herein. The State Water Board’s enforcement of any term in Sections 8, 9, or 10 of the Stipulation and Proposed Consent Judgment shall not limit or preclude any enforcement authority, remedies, or action available by law to the Attorney General.
