Resolution 2021-43 - Laserfiche WebLink

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7. Termination. a. Nothing in this Cooperation Agreement is intended to obligate the City to construct the Plan Area Project; provided, however, the LRC shall have the right to terminate this Cooperation Agreement if the City determines that neither the Underpass at Main/SBR nor the Underpass at HW42/South will be constructed. The City shall promptly notify the LRC of any such determination. b. The City and LRC, or either Party, shall have the right to terminate this Cooperation Agreement if the Bonds are not issued within 36 months in an amount sufficient to construct the Plan Area Project. 8. Enforced Delay. Neither Party shall be considered in breach of, or in default in, its obligations with respect to this Cooperation Agreement in the event of delay in the performance of such obligations due to causes beyond its control and without its fault, it being the purpose and intent of this provision that if such delay occurs, the time or times for performance by either Party affected by such delay shall be extended for the period of the delay. 9. Prior Agreements. Nothing in this Cooperation Agreement is intended or shall be construed to operate as an amendment to any prior agreement between the Parties, or to enlarge, diminish or impair any provisions of, or any rights, duties or obligations thereunder. 10. No Third Party, Beneficiaries. Neither the City nor the LRC shall be obligated or „..__ liable under the terms of this Cooperation Agreement to any person or entity not a party hereto. 11. Severability. In case any one or more of the provisions contained in this Cooperation Agreement or any application thereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Cooperation Agreement, or any other application thereof, shall not in any way be affected or impaired thereby. 12. Binding Effect. Subject to compliance with Section 14, below, this Cooperation Agreement shall be binding upon and inure to the benefit of the Parties, their successors, legal representatives, and assigns. 13. City and Commission ,Separate. Nothing in this Cooperation Agreement shall be interpreted in any manner as constituting the City or its officials, representatives, consultants, or employees as the agents of the LRC, or the LRC or its officials, representatives, consultants, or employees as the agents of the City. Each entity shall remain a separate legal entity pursuant to applicable law. Neither of the Parties hereto shall be deemed to hereby assume the debts, obligations, or liabilities of the other. The LRC shall be responsible for carrying out its duties and functions in accordance with the Act and other applicable laws and regulations, and nothing herein shall be construed to compel either Party to take any action in violation of law. 14. Assignment. This Cooperation Agreement shall not be assigned in whole or in part by either Party without the prior written approval of the other Party.