Performance by the City. A. The CITY without expense to the ENGINEER, will;
Performance by the City. The performance by the CITY of each condition and obligation under this Agreement.
Performance by the City. All of the covenants, agreements, acts and obligations of the City under this Agreement shall be undertaken only within the limits of the powers of the City from time to time. Notwithstanding anything in this Agreement, the City shall be under no higher obligation or duty than to exercise its best efforts to undertake those covenants, agreements, acts and obligations within the limits of those powers. The City shall be under no liability to the Developer, or any other person, firm or corporation, for the City’s failure or inability to undertake such covenant, agreement, act or obligation, if such failure or inability is beyond the control of the City or is caused by the operation of law, and the City shall not be liable for any losses or damages suffered by the Developer as a result of the failure or inability of the City to undertake such covenant, agreement, act or obligation.
Performance by the City. If Tenant shall, at any time beyond the expiration of any applicable notice and grace period provided in this Lease, fail to pay any Imposition in accordance with the provisions of Article 6 hereof, or to take out, pay for, maintain or deliver any of the insurance policies or certificates provided for in Article 8 hereof, or shall fail to make any other payment or perform any other act on its part to be made or performed, then the City may, but shall be under no obligation to:
Performance by the City. The City stands by its earlier agreement as set forth in the Revised Outline of Settlement Terms and Conditions, executed on September 9, 2011 (“Earlier Litigation Settlement Agreement”), to contribute a cash payment of $150,000 (“City Cash Payment”) and the Additional Pledged Revenue as defined in the Earlier Litigation Settlement Agreement. The City acknowledges that, it has collected and is holding Additional Pledged Revenue in the amount of $285,000 for each of 2012 and 2013. The City agrees that the City Cash Payment plus the Additional Pledged Revenue for 2012, 2013, and 2014 (to date) will be paid to the Banks at the time the ERA Parties complete their performance under Section A.1 of this Agreement, or earlier upon agreement of the Parties, except that the City shall retain $80,000 as reimbursement for the City’s costs and attorneys’ fees incurred in the Litigation. The Additional Pledged Revenue collected by the City after such performance shall be used to pay the Bonds in accordance with the financing provided by the ERA Parties.
Performance by the City. In the event of a default by the Developer, the City may, at the City's option, perform the work in default and the Developer shall promptly reimburse the City for any expense incurred by the City. Except in emergency situations, the City shall endeavor to give the Developer notice of default forty-eight (48) hours prior to the City performing curative work.
Performance by the City. The City agrees to furnish to the unincorporated areas of the County described in Attachment A, which is made a part of this contract (hereinafter called the “fire service area”), the following fire protection and emergent medical first responder services:
