Admin Order 53-07-10-F - Laserfiche WebLink

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housing units to an amount equal to or less than rent for comparable housing in the same buildingl if such comparable housing exists. 5. OPERATION OF CONTRACT. This Agreement shall operate for the benefit of those tenants listed on Exhibit 8-A and shall be enforceable at the instigation of any such listed tenant as a third-party beneficiary. It is expressly understood that the City assumes no liability for the Applicant's conversion project of the Applicant's actions or failure to act in any attempt to comply with local or state legal requirements applicable to condominium or cooperative conversion. 6. ATTORNEY FEES. Should any action be brought on this Agreement by either party or any third-party beneficiary, the losing party agrees to pay the prevailing party's attorney fees and costs to be fixed by the trial court, and any appellate attorney fees and costs to be fixed by the appellate court. 7. MODIFICATIONS. This Agreement may be modified only by a written document signed by both parties. Both parties agree that the lists of affected and special category tenants (Exhibits 8-A and 8-B hereto) shall be modified without additional consideration should new or additional facts warrant inclusion of any person not presently listed. In particular, any affected tenant who becomes disabled prior to issuance of a conversion permit shall be added to Exhibit a-B. Applicant may satisfy the obligations imposed by this Agreement for any particular tenant by execution of a written waiver of rights by that tenant is such waiver is entered into in good faith and not for the purpose of completely evading the obligations of Applicant, the terms and conditions of the waiver are clearly and fairly disclosed, and adequate consideration for the Agreement is clearly stated. In particular, the obligations imposed above for the provision of comparable housing and moving expenses to particular tenants may be satisfied by execution of a lifetime lease (as defined in Section 2.1060 of the Eugene Code) by that tenant. 8. PURCHASE INCENTIVES. [Insert any purchase incentives to tenants offered by Applicant.] 9. SEVERABiliTY. If any provision of the Agreement or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of this Agreement which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Agreement are severable. 10. liBERAL CONSTRUCTION. Every duty imposed by this Agreement imposes an obligation of good faith in its performance. This Agreement shall be Exhibit 8: Tenant Assistance Plan Contract for Planned Condominium Conversion Page 3 of?