O-1999-SCU-98-001 - Laserfiche WebLink

Browse Search

e e 12.6 Merger and Modifications. This Contract, including the exhibits that are attached hereto and incorporated herein for all purposes, embodies the entire agreement between the parties relative to the subject matter thereof. This Contract shall be subject to change or modification only with the mutual written consent of the parties. 12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner- Developer and shall not be construed to confer any benefit on any other person except as expressly provided for herein. 12.8 Attorney's Fees. In the event of any litigation between the parties with respect to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the losing party. 12.9 Government Immunity Preserved. The Owner-Developer and the City agree that the City does not, by entering in to this Contract or performing any act hereunder or by failing to take any action hereunder, waive any governmental immunity that the City, its officers, employees, or representatives, have under any law. 12.10 One-Party Breach. Any breach of this agreement by one party identified and referred to herein as Owner-Developer shall not be or constitute a breach of this agreement by the other party of Owner-Developer. 12.11 Covenant Running With the Land. The obligations imposed on Owner- Developers herein shall not impose personal liability on them, but shall constitute a covenant running with the land, and as such shall be binding on the present owners of the Tract as well as subsequent owners thereof. Signed, this the _ day of ,1999. OWNER-DEVELOPER La Porte 81, Ltd. La Porte 82, Ltd. La Porte 115, Ltd. By: Stuart Haynsworth, General Partner Date: Daetwyler Enterprises Corporation TIEP Development Agreement-Final,doc Page 9 of 10