08-03-05 La Porte Redevelopment Authority Meeting minutes

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Developer Advances is not a default on the part of the La Porte Authority or the La Porte Zone. (B) In the event the Developer completes the Public Improvements and the Project but does not otherwise perform its obligations hereunder as provided in Article 4 in compliance with this Agreement, in addition to the other rights and remedies the La Porte Authority and the La Porte Zone may have under this Agreement or in law or equity, the La Porte Authority and/or the La Porte Zone may enforce specific performance or seek actual damages incurred for any such default if such default is not cured within thirty (30) days after receipt by Developer of a written notice of default or such cure is not commenced within ten (10) days after receipt by Developer of a written notice of default and thereafter diligently prosecuted to completion as determined in the discretion of the La Porte Authority. ARTICLE 9 GENERAL 9.1 Inspections. Audits. The Developer agrees to keep such operating records relating to the Public Improvements as may be required by the La Porte Authority, or by state and federal law or regulation for a period not to exceed four (4) years after completion unless otherwise required by law. The Developer shall allow the La Porte Authority and the La Porte Zone access to documents and records in the Developer's possession, custody or control that the La Porte Authority deems necessary to assist the La Porte Authority in determining the Developer's compliance with this Agreement. 9.2 Developer Operations and Emoloyees; No personnel supplied or used by the Developer in the performance of this Agreement shall be deemed. employees, agents or contractors of the La Porte Authority, the La Porte Zone or the City for any purpose whatsoever. The Developer shall be solely responsible for the compensation of all such personnel, for withholding of income, social security and other payroll taxes and for the coverage of all worker's compensation benefits. Under no circumstance shall the La Porte Authority, the La Porte Zone, or the City be deemed responsible for compensation of the above. 9.3 Personal Liability of Public Officials. To the extent not limited by State law, no director, officer, employee or agent of the La Porte Zone or the La Porte Authority, and no officer, employee or agent of the City, shall be personally responsible for any liability arising under or growing out of the Agreement. 9.4 Notices. Any notice sent under this Agreement (except as otherwise expressly required) shall be written and mailed via certified mail, return receipt requested, or sent by electronic or facsimile transmission confirmed by mailing written confirmation via certified mail, return receipt requested at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the following addresses: A-17