Tolling for Third-Party Lawsuit. If any third party files a lawsuit to challenge this Agreement, City’s adoption of the Initial Study/Mitigated Negative Declaration, the other Project Approvals, or any action taken or finding made by City in connection with the Project Approvals (each, a “Third-Party Lawsuit”), Developer may request that the Term be tolled during the pendency of the Third-Party Lawsuit by providing a written notice (“Tolling Notice”) to City within thirty (30) days after the commencement of said lawsuit, and any such request shall be granted by City. The tolling of the Term shall automatically begin upon City’s receipt of the Tolling Notice, and it shall end on the earliest of the following to occur:
Tolling for Third-Party Lawsuit. If a third-party files a lawsuit to challenge this Agreement, the County’s certification of the EIR, the Approval, or the Subsequent Approvals (each a “Third-Party Lawsuit”), Developer may request that the Term be tolled during the pendency of the Third-Party Lawsuit by providing a written notice (“Tolling Notice”) to the County within thirty (30) days after the commencement of the lawsuit. The tolling of the Term will begin upon the County’s receipt of the Tolling Notice, and it will end on the earliest of the following to occur: (A) the date on which a court issues a final judgment in the Third-Party Lawsuit and the expiration of all appeal periods following that judgment, or (B) the date the Third-Party Lawsuit is dismissed. If, in a Third-Party Lawsuit, the court issues a temporary restraining order or injunction prohibiting Developer from taking actions to proceed with the Project, the Term will automatically be tolled beginning on the date the temporary restraining order or injunction is issued, and ending on the date the temporary restraining order or injunction is lifted or vacated.
