Agenda - City of Santa Monica

Chapter 1.09 and 1.10 respectively in lieu of Section 11.1 of this Agreement if these
remedies are applied.
11.3.6 No Damages Against Developer. It is acknowledged by the City
that Developer would not have entered into this Agreement if Developer were to be liable
in damages in connection with any non-monetary default hereunder. Consequently, and
except for the payment of attorneys’ fees and court costs, Developer shall not be liable in
damages to the City for any nonmonetary default and the City covenants on behalf of
itself not to sue for or claim any damages:
(a)
for any non-monetary default hereunder or;
(b) arising out of or connected with any dispute, controversy or
issue regarding the application or interpretation or effect of the provisions of this
Agreement.
The City and Developer agree that the provisions of this Section
11.3.6 do not apply for damages which:
(a)
are for a monetary default; or
(b) do not arise out of or which are not connected with any
dispute, controversy or issue regarding the application, interpretation, or effect of the
provisions of this Agreement to or the application of, any City rules, regulations, or
official policies.
11.3.7 No Other Limitations. Except as expressly set forth in this Section
11.3, the provisions of this Section 11.3 shall not otherwise limit any other rights,
remedies, or causes of action that either the City or Developer may have at law or equity
after the occurrence of any Event of Non-Monetary Default.
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