Agenda - Council - 09/26/2023 - Laserfiche WebLink

Home

5.02. The City Improvements. In the event the improvements on the City Property (the "City Improvements") are either damaged or destroyed by fire, flood, earthquake, or other casualty, City shall have no obligation, under this Agreement, to repair, rebuild or restore the City Improvements. However, if City elects to repair, rebuild or restore the City Improvements after any such damage or destruction, all construction activities undertaken in connection therewith shall be conducted so as to minimize interference with Aldi's use of its Property and the rights granted to it under this Agreement. If City elects not to repair, rebuild or restore the City Improvements after any such damage or destruction, City shall raze the damaged improvements and either pave or seed and maintain such area and the easements granted to Aldi pursuant to Article I hereof shall continue in full force and effect. Notwithstanding anything to the contrary contained in this Section 5.02, if the Critical Access Drives are destroyed or damaged, City shall, within 30 days after the date of such damage and/or destruction, restore the Critical Access Drives to the minimum condition necessary for Aldi's continued use thereof as existed prior to such damage or destruction. ARTICLE VI Defaults and Remedies 6.01. Defaults. If any Party (the "Defaulting Party") should fail to observe any of the terms, conditions, restrictions or provisions of, or should fail to perform any of its covenants or obligations under this Agreement within a period of 30 days (or such lesser period as may be reasonably necessary in the event of a failure which poses an imminent threat of personal injury or damage to property) after the other Party (the "Non -Defaulting Party") has given to the Defaulting Party written notice thereof, then the Defaulting Party shall be in default under this Agreement; provided that if the obligation is of such a nature that the same cannot, with due diligence, be reasonably performed within such 30-day period, then such default shall be deemed to have been cured if the Defaulting Party commences such performance within such 30-day period and thereafter undertakes and proceeds with due diligence to complete the same and does complete the same within a reasonable time. If a default has occurred and is not cured within the time period specified in this Section 6.01, then the Non -Defaulting Party shall have all of the rights and remedies afforded to it by law and also all of the rights and remedies set forth in Section 6.02 hereof (whether or not they are expressly provided by statute or recognized by judicial precedent), any one or more of which may be exercised and enforced independently or concurrently at any time that such default remains uncured, without waiving any of the Non -Defaulting Party's other rights and remedies, and all of which shall, to the extent applicable, survive the termination of any right granted in this Agreement. 6.02. Remedies. (a) Cure. Following the expiration of the applicable cure period, the Non -Defaulting Party may, at its election, cure any default of the Defaulting Party under this Agreement; and if the Non -Defaulting Party should do so, then it shall be entitled to be reimbursed for all reasonable and documented costs and expenses expended by it in connection therewith, which amounts shall be due and payable by the Defaulting Party to the Non -Defaulting Party on demand. (b) Civil Actions. Following the expiration of the applicable cure period, the Non - Defaulting Party may bring an action against the Defaulting Party for the specific performance of any obligation undertaken by the Defaulting Party in this Agreement, for injunctive or other equitable relief, or for damages in any court of competent jurisdiction for the County in which the