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06-14-2004 Council Packet
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06-14-2004 Council Packet
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F <br />for which it may be held liable, arising out of or resulting from the assertion <br />against them of any claims, debts or obligations in consequence of the <br />performance of this agreement by the Developer, its employees, agents or sub <br />contractors, whether o>' not caused in part by a party indemnified hereunder. <br />23.Remedy for Default: Default by the Developer of any of the terras of this <br />agreement shall automatically result in the suspension or withholding of all <br />permits, licenses, occupancy certificates or other authorizations issued by the City <br />in connection with the property included in this development. The remedies <br />afforded to the City under this Section shall be in addition to any other remedies <br />to which the City may be entitled by law or other agreement. Default by the City <br />shall entitle the Developer to seek injunctive/mandatory relief through the courts, <br />together with other relief as the law may provide. <br />24.Right of Entry. The Developer hereby grants to the City, its agents and its <br />employees, the right to enter on the property for the specific purpose of <br />constructing or completing any and all of the agreed upon Improvements should <br />the Developer not complete those Improvements by the date specified in Section <br />11. <br />25.Controlling Agreement. To the extent that there is any difference or ambiguity <br />between this Planned Unit Development Agreement and other agreements <br />between the City and the Developer, this Planned Unit Development Agreement <br />shall control. <br />IN WITNESS WHEREOF, the City and the Developer have caused this <br />agreement to be duly executed on the day and year first above written. <br />CITY OF ORONO <br />By: <br />(Mayor) <br />By: <br />(City Clerk) <br />DEVELOPER - Berkshire Properties <br />By. <br />Its: <br />Page 8 of 10 <br />••• • • •-
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