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5.0. 6.0. 7.0. EDSR 07-12-1999
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5.0. 6.0. 7.0. EDSR 07-12-1999
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City Government
type
EDSR
date
7/12/1999
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FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3) (FRI) 7. 9' 99 9:47/ST. 9:28/NO, 4261218754 P 45 <br /> • ARTICLE III <br /> Default <br /> Section 3.1. Defaults Defined. It shall be a default under this Agreement if the <br /> Redeveloper fails to comply with any term or provision of this Agreement, and fails to cure such <br /> failure within sixty (60) days of written notice to the Redeveloper of the default, but only if the <br /> default has not been cured within said sixty (60)days, or the Redeveloper does not provide to the <br /> Authority assurances, satisfactory to the Authority in its reasonable discretion, that the default <br /> will he cured and will be cured as soon as reasonably possible. <br /> Section 3.2. Remedies in Default. Upon the occurrence of a default under this <br /> Agreement the Authority may declare immediately due and payable the entire amount of <br /> principal and interest paid by the Authority under the Note, as defined in the Contract, together <br /> with interest on such amount at the rate of eight and one-half percent (8.5%) from the date that <br /> the Authority makes such declaration. Within ten (10) days after the date that the Authority <br /> makes such declaration, the Redeveloper shall be liable for and shall repay the amount of the <br /> assistance plus interest. <br /> Section 3.3. Costs of Enforcement. Whenever any default occurs under this Agreement <br /> and the Authority shall employ attorneys or incur other expenses for the collection of payments <br /> due or for the enforcement of performance or observance of any obligation or agreement on the <br /> part of the Redeveloper under this Agreement, the Redeveloper shall be liable to the Authority <br /> • for the reasonable fees of such attorneys and such other expenses so incurred by the Authority; <br /> provided that the Redeveloper shall only be.obligated to make such reimbursement if Authority <br /> prevails in such collection or enforcement action. <br /> Section 3.4. Force Majeure. In the event that the Redeveloper's compliance with the <br /> terms of this Agreement is delayed or interrupted due to strikes, acts of God or acts of any <br /> federal, state of local governmental unit, the Redeveloper's non-compliance shall be excused for <br /> the period of delay or interruption if the Redeveloper gives the Authority written notice of the <br /> cause of the delay or interruption within thirty (30) days after its occurrence. General economic <br /> or market conditions shall not constitute cause for excusing Redeveloper's performance. <br /> ARTICLE IV <br /> Miscellaneous <br /> Section 4.1. Provisions of Agreement Not Affected. With the exception of the <br /> provisions of the Contract relative to the Redeveloper's employment and wage requirements,this <br /> Agreement is not intended to modify or limit in any way the terms of the Contract. <br /> Section 4.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and <br /> Sections of the Agreement are inserted for convenience of reference only and shall be <br /> 411 <br /> disregarded in construing or interpreting any of its provisions. <br /> D-4 <br />
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