|
16.13 Calculation of Time. Unless expressly provided otherwise, all periods of time
<br /> referred to herein shall include Saturdays, Sundays, and legal holidays in the State of
<br /> Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal
<br /> holiday in the State of Washington, the period shall be extended to include the next day which is
<br /> not a Saturday, Sunday, or legal holiday in the State of Washington.
<br /> 16.14 Conflict of Interest. No member, official, or employee of the City shall have any
<br /> personal interest, direct or indirect, in this Covenant, nor shall any such member, official, or
<br /> employee participate in any decision relating to this Covenant which affects his personal
<br /> interests or the interest of any corporation, partnership, or association in which he is, directly or
<br /> indirectly, interested. No member, official, or employee of the City shall be personally liable to
<br /> Developer or any successor in interest upon the occurrence of any default or breach by the City
<br /> or for any amount which may become due to Developer or its successor or on any obligations
<br /> under the terms of this Covenant.
<br /> 16.15 Attorneys' Fees. In the event any proceeding is instituted to interpret or enforce
<br /> any provision or resolve any dispute under this Covenant, including, without limitation, any
<br /> action in which a declaration of rights is sought or an action for rescission, the prevailing party
<br /> shall be entitled to recover from the losing party its reasonable attorneys,' paralegals,
<br /> accountants,' and other experts' fees and all other fees, costs, and expenses, as determined by the
<br /> judge or arbitrator at trial or arbitration, as the case may be, or on any appeal or review, in
<br /> addition to all other amounts provided by law. This provision shall cover costs and attorneys'
<br /> fees related to or with respect to proceedings in federal bankruptcy courts, including those
<br /> related to issues unique to bankruptcy law.
<br /> 16.16 Nonwaiver of Government Rights. The parties understand that the City, by
<br /> 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 /> 16.17 Captions; Exhibits. The headings and captions of this Covenant and the Table of
<br /> Contents preceding the body of this Covenant are for convenience of reference only and shall be
<br /> disregarded in constructing or interpreting any part of the Covenant. All exhibits and appendices
<br /> annexed hereto at the time of execution of this Covenant or in the future as contemplated herein,
<br /> are hereby incorporated by reference as though fully set forth herein.
<br /> 16.18 Force Majeure. In addition to specific provisions of this Covenant, Developer
<br /> shall not be deemed to be in default with regard to commencement of construction by the Project
<br /> Commencement Date or substantial completion of construction by the Project Completion Date
<br /> where delays to performance due to war, acts of terrorism, insurrection, strikes, lockouts, riots,
<br /> floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics,
<br /> quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or
<br /> priority, litigation (including suits filed by third parties concerning or arising out of this
<br /> Covenant), unforeseen and extreme weather or soils conditions which necessitate delays,
<br /> inability to secure necessary labor, materials or tools, acts of the other party to this Covenant,
<br /> acts or 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 the
<br /> -22-
<br /> 51083924.1
<br />
|