Laserfiche WebLink
19.16 Protective Documents <br /> If, after Closing and prior to issuance of a Final Certificate of Completion for the <br /> Minimum Development Elements, OM or any subsequent owner of all or any portion of the City <br /> Property ("Owner") sells, conveys or otherwise disposes of all or any portion of the Property to <br /> a third party that provides Owner any legal or equitable protection in connection with a potential <br /> or actual conversion of all or any portion of the City Property (whether before or after such sale, <br /> conveyance or other disposition) to a condominium, time share, interval ownership or other form <br /> of ownership which allows one or more persons to have ownership interests therein, which <br /> protection may include, but not be limited, to wrap insurance, other insurance, indemnities, <br /> deposits or other security, guaranties or releases (the "Protective Documents"), then Owner <br /> shall name the City, or cause the City to be named, as an additional benefited party under or <br /> pursuant to such Protective Documents if such coverage is available at commercially reasonable <br /> rates at such time. Owner shall promptly advise the City thereof and deliver to the City a copy of <br /> any such Protective Documents. The obligations of OM contained in this Section 19.17 shall <br /> survive Closing. <br /> 19.17 Notice of Breach and Cure Right <br /> Except as expressly provided for otherwise in this Agreement, neither OM nor the City <br /> shall take any affirmative action to enforce any rights or remedies against the other for an alleged <br /> breach of any obligation under this Agreement without having delivered a written notice to <br /> the Party alleged to have violated this Agreement identifying the alleged violation and, other <br /> than with respect to the breaches described in Section 17.1 or a breach that creates a need for <br /> immediate corrective action, a reasonable period of time within which to cure the alleged <br /> violation, not to exceed three (3) business days; provided, however, the foregoing shall not in <br /> any way limit or condition the rights or interests described in Section 17.1.3. <br /> 20. GENERAL PROVISIONS <br /> 20.1 Notices <br /> All notices, demands, consents, approvals and other communications (each, a "Notice") <br /> that are required or desired to be given by either Party to the other under this Agreement shall be <br /> in writing and shall be (a) hand delivered, (b) sent by U.S. registered or certified mail, postage <br /> prepaid, return receipt requested, or (c) sent by reputable overnight courier service, addressed to <br /> the appropriate Party at its address set forth below, or at such other address as such Party shall <br /> have last designated by Notice to the other. Notices shall be deemed given when delivered; <br /> provided, however, that if any Notice shall also be sent by telecopy or fax machine, such Notice <br /> shall be deemed given at the time and on the date of machine transmittal if the sending Party <br /> receives a written send verification on its machines and forwards a copy thereof with its mailed <br /> or courier-delivered Notice. Rejection or other refusal by the addressee to accept a Notice or the <br /> inability to deliver the Notice because of a changed address of which no Notice was given shall <br /> be deemed to be receipt of the Notice sent. Notice addresses for the Parties are as follows: <br /> -58- <br /> 06107-0063 LEGAL 13023969.1 <br />