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Section 5.2. The LPE agrees that each of the following shall be an event of default ("Event of <br />Default") under this Agreement: <br /> <br /> (a) The LPE shall fail to make any payment to the County required pursuant <br />to this Agreement when the same is due and payable, including, without limitation, any amount <br />due and payable pursuant to Article IV hereof; or <br /> <br /> (b) The LPE shall fail to observe and perform any other obligations, <br />agreements or provisions herein, which failure shall continue for thirty (30) days after receipt of <br />written notice thereof from the County; provided, however, that such failure shall not constitute <br />an Event of Default hereunder if the cure of such failure cannot be effected within thirty (30) <br />days and if the LPE is taking all reasonably necessary actions to cure such failure with all <br />deliberate speed. <br /> <br /> Section 5.3. Whenever an Event of Default shall have happened and be <br />subsisting, the County may exercise any and all rights and remedies for the enforcement of the <br />obligations of the LPE hereunder. In addition to any other rights or remedies provided herein, <br />by law or otherwise, the County may declare the full amount of the then unpaid Project <br />Repayment Principal Amoum to be immediately due and payable <br /> <br /> Section 5.4. No right or remedy conferred upon the County under Section 5.2 <br />hereof is intended to be exclusive of any other right or remedy given herein, by law or otherwise. <br /> Each right or remedy shall be cumulative and shall be in addition to every other remedy given <br />herein, by law or otherwise. <br /> <br /> Section 5.5. The LPE releases the County from, agrees that the County shall not <br />be liable for, and agrees to hold the County, its officers, employees and agents harmless against, <br />any loss or damage to property, or any loss or injury to or death of any person, or any other loss <br />or damage, that may be occasioned by any cause whatsoever pertaining to the Project Site, or the <br />use thereOf; provided that such indemnity under this Section shall not be effective for damages <br />that result from negligent or intentional .acts of the County, its officers, employees and agents. <br />The LPE further agrees to indemnify and hold harmless the County and its officers, employees <br />and agents against and from any and all cost, liability, expenses and claims arising frOm any <br />breach or default on the part of the LPE in the performance of any covenant or agreement on the <br />part of the LPE to be performed pursuant to .the terms of this Agreement,- arising from the <br />acquisition or improvement of the Project Site or arising from any act or negligence of or failure <br />to act by the LPE, or any of its agents, contractors, servants, employees or licensees, or arising <br />from any accident, injury or damage whatsoever caused to any person, firm, or corporation <br />resulting from the Project Site (other than any accident, injury, or damage that results from <br />negligent or intentional acts of the County, its officers, employees and agents), and from and <br />against all cost, liability and expenses incurred in or in connection with any such claim or action, <br />arbitration or proceeding brought thereon. <br /> <br /> In case any action or proceeding be brought against the County by reason of any <br />claim described in this Section, the County agrees to cause written notice of such action or <br />proceeding to be given to the LPE, and the LPE upon .notice from the County covenants to resist <br /> <br />B-13 <br /> <br /> <br />