2005/08/24 Council Agenda Packet

• 2 3.6 Non-waiver; Severability. The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provisions or rights in that or any other instance; rather, the same shall be and remain in full force and effect. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 3.7 Recording; Binding on Successors and Assigns. This Agreement shall be recorded against the Development Property and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. City is authorized to accept conveyance of the Transfer Lots, subject to the provisions of this Agreement. 3.8 Implementation. Each party shall take such action (including, but not limited to the execution, acknowledgment and delivery of documents) as may reasonably be requested by the other party or parties for the implementation or continuing performance of this Agreement. 2004 Revised Development Agreement D:\Docu•: .•: - . ._. _•- ••,•. •-•...f,-ntemet e2 Revised Development Ageement.doe 35 8 9 8/1/20057/18/20057/14/20056/5/20056/5/20055/3120054/1-1-1200512/28/200410/18/20046/21/2004 6/19/20044/5/2004 8/18/2003