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Party The Consultant shall be compensated by City on a pro -rata basis for Services <br />completed up to the date of termination <br />Section 5 Compliance Required Property Ownei acknowledges that City may <br />require Property Owner to supply data and mformation to detennme whether Property <br />Owner's Project application is complete, whether Property Owner's Project may have a <br />sigmficant effect on the environment, or to assist City and the Consultant in preparing the <br />Environmental Documents Property Owner shall promptly comply with all such requests <br />by City <br />Section 6 Failure to Comply 1f, at any time, Property Owner unreasonably delays <br />in failing to provide City with information of data requested pursuant to Section 5 hereof, <br />such unreasonable delay shall suspend the running of the time periods described in State <br />CEQA Guidelines sections 15107 and 15108 for the period of such unreasonable delay <br />Alternatively, Property Owner acknowledges and agrees that City may, without liability to <br />Property Owner, disapprove the Project for Property Owner's delay in satisfying City's <br />requirements <br />Section 7 Notices Any notice or other communication required, or which may be <br />given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed <br />delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class <br />registered mail, with return receipt requested, (iii) on the actual delivery date if deposited <br />with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy <br />sent contemporaneously by first class, certified, registered or express mail, in each case <br />properly posted and fully prepaid to the appropriate address set forth below, or such other <br />address as a Party may provide notice in accordance with this section <br />city <br />Brian Desatnik <br />Development Services Director <br />35 Capon Street, Suite 20 <br />P O Box 3005 (mailmg) <br />Redlands, CA 92373 <br />Property Owner <br />Laura Dangermond <br />Environmental Systems <br />Research Institute, Inc <br />3 80 New York Street <br />Redlands, CA 92373 <br />Section 8 Attorneys' Fees In the event any action is commenced to enforce or <br />interpret any of the terms or conditions of this Agreement the prevailing Party shall, in <br />addition to costs and any other relief, be entitled to recovery of its reasonable attorneys' <br />fees, including fees for use of in-house counsel by the Parties <br />Section 9 Entire Agreement/Amount. This Agreement represents the entire <br />agreement and understanding between the Parties as to the matters contained herein, and <br />any prior negotiations, proposals or verbal agreements are superseded by this Agreement <br />Any amendment to this Agreement shall be in writing, approved by the City Council of <br />City and signed by authorized representatives of City and Property Owner <br />Section 10 Governing Law This Agreement shall be governed by and construed <br />in accordance with the laws of the State of California <br />L 1ca%djmlAgreementslESR1 Funding Agreement.doc <br />