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ii) whether this Development Agreement has been assigned, modified or <br />amended in any way by it and if so, then stating the nature thereof; <br />iii) whether this Development Agreement is in full force and effect; and <br />iv) any other reasonable matters relating to this Development Agreement. <br />e. Termination of Agreement; Force Majeure. Upon completion of the <br />Improvements and Development, and acceptance thereof by the Village, and all other <br />obligations of ARTIS hereunder, or, in the event of termination of this Development <br />Agreement in connection with paragraph 5(a) above, the parties agree to execute, in <br />recordable form if requested by either party, a statement confirming that all of the terms, <br />conditions and deed restrictions of this Development Agreement have been satisfied and <br />the Agreement terminated. In the event, at any time, it is determined that the <br />Improvements and/or Development have not been commenced or completed in <br />accordance with the terms, conditions and deed restrictions of this Agreement, the <br />Village must notify ARTIS in writing of the specific default ("Default Notice"). Upon <br />receiving the Default Notice from the Village, ARTIS will have thirty (30) business days <br />to cure the identified default(s) to this Agreement. If ARTIS fails to work in good faith <br />to correct the default(s) in accordance with the terms, conditions and deed restrictions of <br />this Agreement then this Agreement may be terminated by the Village and any approvals <br />made as a condition to or hereof shall automatically terminate. The time for performance <br />of ARTIS'S obligations hereunder shall be extended due to causes beyond its reasonable <br />control. <br />f. Severability. If any one or more of the provisions contained herein shall for any <br />reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, <br />illegality or unenforceability shall not affect any other provisions of this Development <br />Agreement, but this Development Agreement shall be construed as if such invalid, illegal <br />or unenforceable provisions had not been contained herein. <br />g. Waiver. The failure of either party to insist, in any one or more instances, upon a <br />strict performance of any of the terms and conditions of this Development Agreement, or <br />to exercise or fail to exercise any option or right contained herein, shall not be construed <br />as a waiver or a relinquishment for the future of such right or option, but same shall <br />continue and remain in full force and effect. The continued performance by either party <br />of this Development Agreement with knowledge of the breach of any term or condition <br />hereof shall not be deemed a waiver of such breach, and no waiver by either party of any <br />provision hereof, shall be deemed to have been made, or operate as estoppel, unless <br />expressed in writing and signed by such party. <br />h. Notices. All notices herein authorized or required to be given to the Village shall <br />be sent by certified mail, registered mail or overnight express, postage prepaid to: <br />4