Laserfiche WebLink
<br />{00149157 12} 28. <br /> <br />a. the Developer may specifically enforce this Master Agreement, including without <br />limitations the use of temporary restraining orders, temporary injunctions and <br />permanent injunctions; <br /> <br />b. the Developer may suspend its performance under this Master Agreement until it <br />receives assurances from the City, deemed adequate by the Developer at its sole <br />discretion, that the City will cure its default and continue performance under this <br />Master Agreement; <br /> <br />c. the Developer may terminate or cancel and rescind this Master Agreement and <br />terminate and recover any Financial Guarantees held by the City; and <br /> <br />d. if the City’s default is the failure to perform one or more of its monetary obligations <br />under this Master Agreement, the Developer may commence an action against the <br />City for monetary damages. <br /> <br />13.13 Amendments <br /> <br />Any amendment to this Master Agreement shall be in writing and signed by all parties. <br /> <br />13.14 Disclaimer of Relationship <br /> <br />Nothing in this Master Agreement nor any act by the City or the Developer or Owner shall <br />be deemed or construed by the Developer or by any third party as creating any relationship of <br />third-party beneficiary, principal/agent, limited or general partner or joint venture between the <br />Developer and Owner and the City. <br /> <br />13.15 Certificate of Completion <br /> <br /> Each individual homesite within the Development shall be deemed released from the <br />obligations of this Agreement and this Agreement may be disregarded as to such homesite upon <br />substantial completion of the homesite without further action by City or Developer and without <br />need to record a separate release. Substantial completion will occur when the City issues a <br />certificate of occupancy for the homesite. Such certification by the City shall be a conclusive <br />determination of satisfaction and termination of the agreements and covenants in this Agreement <br />as to such homesite. The City agrees to provide to the Developer a final certificate of completion <br />and release once the City determines that all obligations of the Developer and Owner under this <br />Agreement have been fully performed and all warranty periods for which Developer has deposited <br />a financial guaranty have expired. <br /> <br /> <br /> <br /> <br /> <br />