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9.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall <br />have any right of action based upon any provision of this Agreement. <br />9.14 Force Majeure. Neither Party shall be deemed to be in default where failure or <br />delay in performance of any of its obligations under this Agreement is caused by floods, <br />earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor <br />difficulties beyond the Party's control (including the Party's employment force), court actions (such <br />as restraining orders or injunctions), or other causes beyond the Party's control, including delays <br />by any governmental entity (although the City may not benefit from this provision for a delay that <br />results from City's failure to perform its obligations under this Agreement), or an insurance <br />company of either party. If any such events shall occur, the term of this Agreement and the time <br />for performance by either Party of any of its obligations hereunder may be extended by the written <br />agreement of the Parties for the period of time that such events prevented such performance. <br />9.15 Mutual Covenants. The covenants contained her mutual covenants and also <br />constitute conditions to the concurrent or subsequent perfo � Party benefited thereby <br />of the covenants to be performed hereunder by such bene <br />9.16 Successors in Interest. The burdens of t' e "W11 be binding upon, and <br />the benefits of this Agreement shall inure to, all r nn, sr in interest to the Parties to <br />this Agreement. All provisions of this AgreemF ' be ,te as equitable servitudes and <br />constitute covenants running with the land. Eac._-it . ., or refrain from doing some act <br />hereunder with regard to development off' 'rn -fv: ta, 4 the benefit of and is a burden upon <br />every portion of the Property; (b) runs Pry ; er' -+each portion thereof, and (c) is binding <br />upon each Party and each succes ` t ved pursuant to this Agreement during <br />ownership of the Property or an^ <br />9.17 Countemart- may be executed by the Parties in counterparts, <br />which counterparts shal or and have the same effect as if all of the Parties had <br />executed the same i <br />9.18 Jurisdicti , Any action at law or in equity under this Agreement or <br />brought by a Party hereto IWurpose of enforcing, construing or determining the validity of <br />any provision of this Agreem nt shall be filed and tried in the Superior Court of the County of <br />Orange, State of California, and the Parties hereto waive all provisions of law providing for the <br />filing, removal or change of venue to any other court. <br />9.19 Project as a Private Undertakine. It is specifically understood and agreed by and <br />between the Parties hereto that the development of the Project is a private development, that neither <br />Party is acting as the agent of the other in any respect hereunder, and that each Party is an <br />independent contracting entity with respect to the terms, covenants and conditions contained in <br />this Agreement. No partnership, joint venture or other association of any kind is formed by this <br />Agreement. The only relationship between City and Developer is that of a government entity <br />regulating the development of private property and the Developer of such property. <br />m <br />60A-201 <br />