Laserfiche WebLink
5 2 6 To jpurse any other reed +or astir <br /> pe, 4e, <br /> under the EXst�ng <br /> Approvals, Ordtnaices or thiseerr►�nt 13 " ascat a�ff s de�falt o f I7eve(det,4a>tzd' 3 <br /> 5, <br /> 5 2 7 To cure `s 'cli n e h �1.NAMI tt e v � �� <br /> a r zf - <br /> itodgii , �n the ga4d fatty de <br /> M <br /> daIf „to 1}rp�.rty:lli/itll SLCitIq� l ' 3 E�� a � � '� r; r f <br /> t <br /> C1rCuJtanV <br /> f <br /> f i r ,,3 r FFf : <br /> 5 2 8 Nothing herein shall #e c emed,to su{�e'rse e` >r elude C u'.M_ y S rights <br /> ;. <br /> and rerrtedtes under the terms of any DevelopientPerrntartt T . <br /> lfi,theleve � m�ptic �tse <br /> of the:Property, vcrlitch rights and rernedres si�l(b to addittdn to�thehts atid� t�edte .of <br /> County under this Section 5 2. <br /> 5.3. Default b the Coun€v Developer Rem ies Iii the event County'is 1<n:default. <br /> under the terms of this Agreement, Developer,shaft have`the right to.exercise any.of.the <br /> following remedies: <br /> 5.3.1. To waive in its sole and absolute ldiscretion.such:default.as not material; <br /> 5.3.2. To pursue legal remedies provided for in.Section 5.5. hereof; <br /> 5.3.3. To terminate this Agreement as provided in Section 5.7. <br /> 5.3.4. To delay or suspend Developer performance under the Existing <br /> Approvals, Ordinances or this Agreement which is delayed or precluded by the default of <br /> County; and <br /> 5.3.5. To pursue any other remedy or action permitted under the Existing <br /> Approvals, Ordinances or this Agreement by reason of said default of County. <br /> 5.4. Enforced Delay, Extension of Times of Performance. In addition to specific <br /> provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in <br /> default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, <br /> earthquakes, fires, casualties, acts of God, governmental entities other than County, its <br /> departments, agencies, boards and commissions, enactment of conflicting state or federal laws or <br /> regulations, new or supplementary environmental regulation, litigation or similar bases for <br /> excused performance. If written notice of such delay is given to the other Party within thirty(30) <br /> days of the commencement of such delay, an extension of time for such cause shall be granted in <br /> writing for the period of the enforced delay, or longer as may be mutually agreed upon. <br /> 5.5. Legal Actions- County Not Liable for Damages. In addition to any other rights or <br /> remedies, a Party may institute legal action to cure, correct or remedy any default by any other <br /> Party to this Agreement, to enforce any covenant or agreement herein, or to enjoin any <br /> threatened or attempted violation hereunder. In no event shall the County, or its officers, agents <br /> or employees, be liable in damages for any breach or violation of this Agreement, it being <br /> expressly understood and agreed that the sole legal remedy available to Developer for a breach <br /> W02-%F:FP D15 t481145.2 -44- <br />