Reso 2010-1658 - Laserfiche WebLink

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competent jurisdiction holds that any injury to persons or death or property damage was attributable to acts of negligence or fault of the City or it's agents, officers, attorneys or employees or was not attributable to acts of negligence or fault of the Developer, its agents or employees or was not attributable to acts of negligence or fault of the Developer, its agents or employees, or its contractors of subcontractors. 1 0.14 (b). In the event that a decision or judgment of a court of competent jurisdiction holds that any injury to persons or death or property damage was the result of joint acts of any or all of the parties, then each party shall be responsible for its proportionate share of those damages to the extent provided by law. 1 0.14 (c). The City does not waive the limits of sovereign immunity set forth in Section 768 28, Florida Statutes. 10.14 (d). No recourse shall be had for any damages or claims based upon any representation, obligations, covenant or agreement in this Agreement against any past, present or future officer, member, legal counsel, employee, director or agent of the City, any successor public corporation thereto under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such officers, members, legal counsels, employees, directors or agents as such is hereby expressly waived and released as a condition of and consideration for the execution of the Development Agreement. This Section shall survive the completion date of the Project and shall remain in full force and effect until all obligations and requirements for construction of the Improvements under this Development Agreement have been completed. 10.15 Assignment. This Agreement and the rights, duties, obligations and privileges of the parties herein are non-assignable and any purported assignment without the consent of the parties shall be void and of no force and effect and shall constitute a default of this Agreement, provided Developer may assign its rights under this Agreement in connection with financing obtained by Developer with the consent of the City being required. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. 10.16 Severability. The invalidity, illegality or unenforceability of anyone or more of the provisions of this Agreement shall not affect any other provision of this Agreement, but this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 10.17 Contingent Fee. The Developer represents and warrants that it has not employed or retained any person to solicit or secure this Agreement and that they have not paid or agreed or promised to pay any person any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the execution of this Agreement. 12