2010/09/08 Council Agenda Packet

1 SECTION 3: REMEDIES In addition to all other remedies et forth in this Amendment,the Parties shall have all rights in law and equity to enforce this Amendment,including specific performance of the terms and conditions of this Amendment. By way of example of the foregoing and not of limitation,the Parties acknowledge that: • If the Interceptor Work remains uncompleted and the Construction Report remains undelivered 90 days after delivery of the notice described in Section 1.B.3.d above, the City is entitled to seek an order of specific performance ordering the District to promptly complete the Interceptor Work and deliver the Construction Report. • If the City does not deliver the Notice of Acceptance in accordance with Section 1.B.4 above,the District is entitled to seek an order of specific performance ordering the City to deliver the Notice of Acceptance. • If the City does not accept District Flows in accordance with Section 1.D above,the District is entitled to seek an order of specific performance ordering the City to accept such District Flows. SECTION 4: OTHER PROVISIONS A. Effective Date. This Amendment is effective as of the date by which both Parties have approved and signed the Amendment("Effective Date"). B. No Admission of Liability. This Amendment does not constitute and shall not be construed as an admission of liability, fault or responsibility on the part of either of the Parties,who continue to expressly deny all liability and disclaim all responsibility regarding the disputes described in Recitals B and C of this Amendment(these disputes,the"Settled Disputes"). The Parties have entered into this Amendment as a compromise of the Settled Disputes solely for the purpose of avoiding the expense and uncertainty of potential litigation relating to them. C. Agreement Remains in Effect. All other terms and conditions of the Agreement remain in full force and effect. Page 7 8