2010 038 Ordinance - Laserfiche WebLink

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All representations and warranties of Buyer shall survive the execution and delivery of this Agreement. 12. Events of Defauflt; Reaneclies. (a) Except as otherwise provided in this Agreement, in the event of breach of any terms or conditions of this Agreement by any Party, such Party shall, upon written notice from the other Party, proceed promptly to cure or remedy such breach, and, in any event, shall accomplish such cure or reinedy within thirty days after receipt of such notice (or if such default is other than payment of money and is not amendable to cure within 30 days, shall commence to cure the default within 30 days and thereafter diligently continue such cure to completion), unless such default is one that would harm the non-defaulting Party if the defaulting Party were allowed 30 days to cure. In case such action is not talcen within such time or in such manner, or the default or breach shall not be cured or remedied witlun such time, then the Party asserting breach may institute such proceedings at law or in equity as may be necessary or desirable in its opinion to remedy such breach. (b) Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other reinedies herein provided, or any other remedies provided by law or equity, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any damages accruing to a Party by reason of tlle violation of any of the other Party's obligations hereunder. Forbearance Uy a party to enforce one or more of the remedies herein provided upon the occurrence of an event of default shall not be construed to constitute a waiver of such default. (c) Notwithstanding any other provisions in this Section 12, in the event Buyer fails to construct the Facility by , Seller's sole remedies shall be the reversion of the Property from Buyer to Seller as provided in Section 7. (d) Except as otherwise provided herein, neither Party shall be considered in default of its obligations to be performed hereunder, if delay in the performance of such obligations is due to i.uiforeseeable causes beyond its control and without its fault, including but iiot limited to, acts of God or of the public eneiny, acts of terrorism, acts of the Federal or state government, acts or delays of the other Party, fires, floods, unusually severe weather, epideinics, freight embargoes, unavailability of materials, strilces, or delays of contractors, subcontractors or materialinen due to any of suclz causes; but not including laclc of financing or financial capacity by Village or Library ("Force Majeure"), it being the purpose and intent of this paragraph that in the event of the occuiTence of any such delay, the time or times for performance of such obligations shall be extended for the period of the delay; provided, however, that the Party seelcing the benefit of the provisions of this paragraph shall within 14 days after the beginning of such delay, notify the other Party in writing thereof and of the cause thereof and of the duration thereof, or, if a continuing delay and cause, the estimated duration thereof, and if the delay is continuing on the date of notification, within 30 days after the end of the delay, notify the other Pasty in writing of the duration of the delay. 13. Hike and Bike Trailo 9 474370 v 05 \ 122504.0011