|
201803290406.027
<br /> 17 15 Attorneys' Fees In the event any proceeding is instituted to interpret or
<br /> enforce any provision or resolve any dispute under this Covenant, including, without
<br /> limitation,any action in which a declaration of rights is sought or an action for rescission,
<br /> the prevailing party shall be entitled to recover from the losing party its reasonable
<br /> attorneys,' paralegals,accountants,' and other experts' fees and all other fees, costs,and
<br /> expenses, as determined by the judge or arbitrator at trial or arbitration, as the case may
<br /> be, or on any appeal or review, in addition to all other amounts provided by law This
<br /> provision shall cover costs and attorneys' fees related to or with respect to proceedings
<br /> in federal bankruptcy courts, including those related to issues unique to bankruptcy law
<br /> 17 16 Nonwaiver of Government Rights The parties understand that the City,
<br /> by making and entering into this Covenant,is not obligating the City to give governmental
<br /> approvals,to take particular action,or to be financially responsible for any obligations of
<br /> Developer, except as otherwise expressly set forth in this Covenant
<br /> 17 17 Captions, Exhibits The headings and captions of this Covenant and the
<br /> Table of Contents preceding the body of this Covenant are for convenience of reference
<br /> only and shall be disregarded in constructing or interpreting any part of the Covenant
<br /> All exhibits and appendices annexed hereto at the time of execution of this Covenant or
<br /> in the future as contemplated herein,are hereby incorporated by reference as though fully
<br /> set forth herein.
<br /> 17 18 Force Majeure In addition to specific provisions of this Covenant,
<br /> Developer shall not be deemed to be in default with regard to commencement of
<br /> construction by the Project Commencement Date or substantial completion of
<br /> construction by the Project Completion Date where delays to performance due to war,
<br /> acts of terrorism, insurrection, strikes, lockouts, riots, floods, earthquakes, fires,
<br /> casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions,
<br /> freight embargoes, lack of transportation, governmental restrictions or priority, litigation
<br /> (including suits filed by third parties concerning or arising out of this Covenant),
<br /> unforeseen and extreme weather or soils conditions which necessitate delays, inability to
<br /> secure necessary labor,materials or tools,acts of the other party to this Covenant,acts or
<br /> failure to act of any public or governmental entity or any other causes beyond the control
<br /> and without the fault of the party claiming an extension of time to perform,provided that
<br /> the lack of funds or financing of Developer is not a cause beyond the control or without
<br /> the fault of Developer ("Force Majeure") For any Force Majeure delay that will cause
<br /> substantial completion of the Project to be delayed more than fifteen(15)days,Developer
<br /> will keep City informed about the cause and nature of such delay and the progress in
<br /> achieving such substantial completion Times of performance under this Covenant may
<br /> also be extended in writing by Mayor of the City and Developer Notwithstanding the
<br /> foregoing in this Section 16 18,Developer will be deemed in default if the Force Majeure
<br /> X
<br />
|