Laserfiche WebLink
unpaid; <br />d. fails to comply with any terms of this Agreement beyond any applicable <br />cure period. <br />Section 5.02. Notice of Default. Except as to circumstances involving a mistake of fact, <br />proof of which is provided by the Developer to the City within 30 days after receipt of notice of <br />termination, if the City Manager determines that Developer is in default of this Agreement for <br />failure to complete the New Facility, obtain LEED certification or create five full -time jobs by <br />the dates and in accordance with the requirements therefor in this Agreement, the City Manager <br />may terminate this Agreement by providing written notice of termination to Developer. If the <br />City Manager determines that Developer is in default of this Agreement for any other reason, the <br />City Manager will notify Developer in writing of such default, and if the default is not cured <br />within 60 days from the date of the notice, then the City Manager may terminate this Agreement. <br />Section 5.03. Remedies not Exclusive. The City may exercise its remedies for default in <br />conjunction with one another or separately, and together with any other statutory or common law <br />remedies for damages available to the City. However, any claim for damages will not exceed the <br />amount of any Grant Payments paid by the City. Any failure by the City to enforce this <br />Agreement with respect to one or more defaults by Developer will not waive the City's ability to <br />enforce the Agreement after that time. <br />ARTICLE 6. MISCELLANEOUS <br />Section 6.01. No Joint Venture. It is understood and agreed between the parties that <br />the City and Developer, in executing this Agreement, and in performing their respective <br />obligations, are acting independently, and not in any form of partnership or joint venture. THE <br />CITY ASSUMES NO RESPONSIBILITIES OR LIABILITIES TO ANY THIRD <br />Page 11 of 15 <br />