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4180
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4180
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Last modified
12/6/2004 2:48:38 PM
Creation date
11/5/2014 12:06:31 PM
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City Ordinances
Passed
12/6/1965
Ordinance Number
4180
Bill Number
6258
Description
Authorizing a contract to purchase land by the Land Clearance Redevelopment Authority and University City relating to the Eastgate-Westgate Urban renewal Project area
Introduced By
Grimm
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of either of them shall be considered in breach of or in default under its obliga- <br />tions with respect to the preparation of tile Property for redevelopment, or the <br />commencement and completion of construction of the improvements, or progress in <br />respect thereto, by reason of enforced delay in the performance of such obligations <br />due to unforeseeable causes beyond its control and without its fault or negligence, <br />including, but not restricted to, acts of God, acts of the public enemy, acts of <br />the government, acts of the other party, fires, floods, epidemics, quarantine re- <br />strictions, strikes, freight embargoes, and unusually severe weather, or delays of <br />subcontractors due to such causes; it being the purpose and intent of this provision <br />that~ in the event of the occurrence of any such enforced delay, the time for per- <br />foI~ance of the obligations of the parties shall be extended for the period of the <br />enforced delay] provided however that the party seeking the benefit of the provisions <br />of this section shall within five (5) days after the beginning of any such enforced <br />delay, have notified the other party thereof in writing, and of the cause or causes <br />thereof and requested an extension for the period of enforced delay. <br /> <br /> Section 5. Rights and Remedies Cumulative. The rights and remedies of the <br />parties hereto, whether provided by law or by this Agreement, shall be cumulative, <br />and the exercise by either party of anyone or more of such remedies shall not preclude <br />the exercise by it, at the same or different times, of any other such remedies for <br />the same default or breach, or of any of its remedies for any other default or <br />breach by the other party. No waiver made by either party with respect to any obli- <br />gation hereunder shall be considered a waiver of any rights except those expressly <br />waived. No waiver shall be valid unless it is in writing duly signed by the party <br />waiving the right or rights. <br /> <br /> ARTICLE VI. MISCELLANEOUS PROVISIONS. <br /> <br /> Section 1. Conflict of Interest. No member, official, or employee of the <br />Agency shall have any personal interest, direct or indirect, in this Agreement, <br />nor shall any such member, official, or employee participate in any decision rela- <br />ting to this Agreement which affects his personal interests or the interests of any <br />corporation, partnership, or association in which he is, directly or indirectly <br />interested. No member, official, or employee of the Agency shall be personally <br />liable to the Public Body or any successor in interest in the event of any default <br />or breach by the Agency or for any amount which may become due to the Public Body <br /> <br />-8- <br /> <br /> <br />
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