Laserfiche WebLink
No waiver of any default shall affect any default other than the default expressly waived, and any <br /> such waiver shall be operative only for the time and to the extent stated.No waiver of any <br /> provision of this Agreement or related agreement shall be construed as a waiver of any <br /> subsequent breach of the same provision. City's consent to or-approval of any act by Developer <br /> requiring further consent or approval shall not be deemed to waive or render unnecessary City's <br /> consent to or approval of any subsequent act. The City's acceptance of the late performance of any <br /> obligation shall not constitute a waiver by City of the right to require prompt performance of all <br /> further obligations; City's acceptance of any performance following the sending or filing of any <br /> notice of default shall not constitute a waiver of either party's right to proceed with the exercise of <br /> its remedies for-any unfulfilled obligations; and City's acceptance of any partial performance shall <br /> not constitute a waiver by City of any rights. <br /> 16.4 Limitation of Developer Remedies. In the event that the City is liable for <br /> damages to Developer, such liability shall not exceed costs incurred by the Developer in the <br /> performance of this Agreement and shall not extend to compensation for loss of future income, <br /> profits or assets. <br /> 16.5 Liability. Developer shall have liability under this Agreement for any judgment, <br /> decree or order for the payment of money obtained in any action to enforce the obligation of <br /> Developer to repay the Inclusionary Grant, <br /> 16.6 Cure Rights. Notwithstanding anything to the contrary contained herein, City <br /> hereby agrees that any cure of any default made or tendered under this Agreement by an entity on <br /> behalf of Developer shall be deemed to be a cure by Developer and shall be accepted or rejected <br /> on the same basis as if made or tendered by Developer. <br /> 17. MISCELLANEOUS <br /> 17.1 Obligations Unconditional and Independent.Notwithstanding the existence at <br /> any time of any obligation or liability of City to Developer, or any other claim by developer against <br /> City, in connection with the Inclusionary Grant or otherwise, Developer hereby waives any right it <br /> might otherwise have: (a) to offset any such obligation,liability or claim against Developer's <br /> obligations under this Agreement; or, (b) to claim that the existence of any such outstanding <br /> obligation, liability or claim excuses the nonperformance by Developer of any of its obligations <br /> under this Agreement. <br /> 17.2 Notices. All notices, demands, approvals and other communications provided for <br /> in this Agreement shall be in writing and be delivered to the appropriate party by personal service <br /> or U.S. mail at its address as follows: <br /> 28 <br /> 55394.00101142414134.I <br />