Common use of Remedies in General Clause in Contracts

Remedies in General. It is acknowledged by the parties that the City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or delay by either party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days’ notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. After notice and expiration of the thirty (30) day period, the other party to this Agreement, at its option, may institute legal proceedings pursuant to this Agreement. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that the City shall not be liable in monetary damages, unless expressly provided for in this Agreement, to the Owner, to any mortgagee or lender, or to any successors in interest of the Owner or mortgagee or lender, or to any other person, and the Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to xxx for damages or claim any damages: (i) For any breach of this Agreement or for any cause of action which arises out of this Agreement: or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which the Owner characterizes as a regulatory taking or inverse condemnation; or (iii) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. Nothing contained herein shall modify or abridge the Owner’s rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge the Owner’s rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, the Owner’s remedies shall be limited to those set forth in this Section 9.1, Section 9.2, and Section 9.5. Notwithstanding anything to the contrary contained herein, the City covenants as provided in Civil Code Section 3300 not to xxx for or claim any consequential damages or, in the event all or a portion of the Property is not developed, for lost profits or revenues which would have accrued to the City as a result of the development of the Property.

Remedies in General. It is acknowledged by the parties that the City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or to delay by either party to perform any term or provision of this Agreement beyond a reasonable notice and cure period shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days’ day notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. After notice and expiration of the thirty (30) day period, the other party to this Agreement, at its option, may institute legal proceedings pursuant to this Agreement. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that the City shall not be liable in monetary damages, unless expressly provided for in this Agreement, to the Owner, to any mortgagee or lender, or to any successors in interest of the Owner or mortgagee or lender, or to any other person, and the Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to xxx sue for damages or claim any damages: (i) . For any breach of this Agreement or for any cause of action which arises out of this Agreement: or (ii) ; or For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which the Owner characterizes as a regulatory taking or inverse condemnation; or (iii) or Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. Nothing contained herein shall modify or abridge the Owner’s rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge the Owner’s rights or remedies (including its rights for damages, if any) resulting from bad faith intentional acts, the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, the Owner’s remedies shall be limited to those set forth in this Section 9.114(a), Section 9.214(b), and Section 9.514(c). Notwithstanding anything to the contrary contained herein, the City covenants as provided in Civil Code Section 3300 not to xxx sue for or claim any consequential damages or, in the event all or a portion of the Property is not developed, for lost profits or revenues which would have accrued to the City as a result of the development of the Property.

Remedies in General. It is acknowledged by the parties that the City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or delay by either party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days’ ' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. After notice and expiration of the thirty (30) day period, the other party to this Agreement, at its option, may institute legal proceedings pursuant to this Agreement. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this AgreementAgreement through any state court, except that the City shall not be liable in monetary damages, unless expressly provided for in this Agreement, to the Owner, to any mortgagee or lender, or to any successors in interest of the Owner or mortgagee or lender, or to any other person, and the Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to xxx for damages or claim any damages: (i) For any breach of this Agreement or for any cause of action which arises out of this Agreement: ; or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which the Owner characterizes as a regulatory taking or inverse condemnation; or (iii) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. Nothing contained herein shall modify or abridge the Owner’s 's rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge the Owner’s 's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, the Owner’s 's remedies shall be limited to those set forth in this Section 9.1, Section 9.2, and Section 9.59.3. Notwithstanding anything to the contrary contained herein, the City covenants as provided in Civil Code Section 3300 not to xxx for or claim any consequential damages or, in the event all or a portion of the Property is not developed, for lost profits or revenues which would have accrued to the City as a result of the development of the Property.

Remedies in General. It is acknowledged by the parties that the City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or to delay by either party to perform any term or provision of this Agreement beyond a reasonable notice and cure period shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days’ day notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. After notice and expiration of the thirty (30) day period, the other party to this Agreement, at its option, may institute legal proceedings pursuant to this Agreement. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that the City shall not be liable in monetary damages, unless expressly provided for in this Agreement, to the Owner, to any mortgagee or lender, or to any successors in interest of the Owner or mortgagee or lender, or to any other person, and the Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to xxx for damages or claim any damages:. (i1) For any breach of this Agreement or for any cause of action which arises out of this Agreement: ; or (ii2) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which the Owner characterizes as a regulatory taking or inverse condemnation; or (iii3) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. Nothing contained herein shall modify or abridge the Owner’s rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge the Owner’s rights or remedies (including its rights for damages, if any) resulting from bad faith intentional acts, the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, the Owner’s remedies shall be limited to those set forth in this Section 9.114(a), Section 9.214(b), and Section 9.514(c). Notwithstanding anything to the contrary contained herein, the City covenants as provided in Civil Code Section 3300 not to xxx for or claim any consequential damages or, in the event all or a portion of the Property is not developed, for lost profits or revenues which would have accrued to the City as a result of the development of the Property.

Remedies in General. It is acknowledged by the parties Parties that the City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or delay by either party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days’ ' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. After notice and expiration of the thirty (30) day period, the other party to this Agreement, at its option, may institute legal proceedings pursuant to this Agreement. In general, each of the parties Parties hereto may pursue any remedy at law or equity available for the breach of any provision of this AgreementAgreement through any state court, except that the City shall not be liable in monetary damages, unless expressly provided for in this Agreement, to the Owner, to any mortgagee or lender, or to any successors in interest of the Owner or mortgagee or lender, or to any other person, and the Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to xxx for damages or claim any damages: (i) For any breach of this Agreement or for any cause of action which arises out of this Agreement: ; or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which the Owner characterizes as a regulatory taking or inverse condemnation; or (iii) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. Nothing contained herein shall modify or abridge the Owner’s 's rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge the Owner’s 's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, the Owner’s 's remedies shall be limited to those set forth in this Section 9.1, Section 9.2, and Section 9.59.3. Notwithstanding anything to the contrary contained herein, the City covenants as provided in Civil Code Section 3300 not to xxx for or claim any consequential damages or, in the event all or a portion of the Property is not developed, for lost profits or revenues which would have accrued to the City as a result of the development of the Property.

Remedies in General. It is acknowledged by the parties Parties that the City COUNTY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or delay by either party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days’ notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. After notice and expiration of the thirty (30) day period, the other party to this Agreement, at its option, may institute legal proceedings pursuant to this Agreement. In general, each of the parties Parties hereto may pursue any remedy at law or equity equity- available for the breach of any provision of this Agreement, ; except that the City COUNTY shall not be liable in monetary damages, unless expressly provided for in this Agreement, damages to the Owner, to any mortgagee or lenderXXXXXX, or to any successors in interest assignee, transferee of the Owner XXXXXX or mortgagee or lender, or to any other person, and the Owner XXXXXX covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to xxx for damages or claim any damages:, for; (i) For a. any breach of this Agreement of, or for any cause of action which arises out of of, this Agreement: or; (ii) For b. the taking, impairment or restriction of any right or interest conveyed or provided under, with, hereunder or pursuant to this Agreement, including, without limitation, any impairment or restriction which the Owner characterizes as a regulatory taking or inverse condemnationhereto; or (iii) Arising c. arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. Nothing contained herein shall modify or abridge , provided, however, that the Owner’s rights or remedies (including its rights for damagesforegoing does not limit the liability of COUNTY, if any) resulting from , for damages which: arise under this Agreement; a. are not for a breach of this Agreement or which do not b. are not with respect to any right or interest conveyed or provided hereunder or pursuant hereto, and c. do not arise out of or which are not connected with any dispute, controversy or issue regarding the exercise by the City of its power of eminent domain. Nothing contained herein shall modify application, interpretation or abridge the Owner’s rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts effect of the City and its officialsprovisions of this Agreement to, officerson or the application of, agents and employeesany Regulation of COUNTY. Nothing herein shall modify or abridge any defenses or immunities available to Without limiting the City and its employees pursuant to generality of the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, the Owner’s remedies shall be limited to those set forth in this Section 9.1, Section 9.2foregoing, and Section 9.5. Notwithstanding anything to the contrary contained herein, the City covenants as provided in Civil Code Section 3300 not to xxx for or claim any consequential damages oran example, in the event all that COUNTY refuses to issue building permits under and in accordance with the Existing Development Approvals, XXXXXX would be entitled to whatever remedies at law or a portion of in equity which are available, including, if available under law, the Property is not developed, for lost profits or revenues which would have accrued right to the City as a result of the development of the Propertymonetary damages.