No Challenge to Agreement a) The Parties covenant and agree with each other not to call into question or challenge, directly or indirectly, in any proceeding or action in court, or before an administrative tribunal, the party’s right to enter into and enforce this Agreement. The law of contract applies to this Agreement and the Parties are entitled to all remedies arising from it, notwithstanding any provision in Section 41 of the Planning Act interpreted to the contrary. The Parties agree that adequate consideration has flowed from each party to the other and that they are not severable. This provision may be pleaded by either party in an action or proceeding as an estoppel of any denial or such right.
No Challenge to Agreement. The Owner covenants and agrees that he, she or it shall not call into question or challenge, directly or indirectly, in any proceeding or action in court, or before any administrative tribunal, the party's right to enter into and enforce this Agreement. The law of contract applies to this Agreement and the parties are entitled to all remedies arising from it, notwithstanding any provision in Section 41 of the Planning Act interpreted to the contrary. The parties agree that adequate consideration has flowed from each party to the other and that they are not severable. This provision may be pleaded by the City in any action or proceeding brought by the Owner as an estoppel of any denial of such right. The Owner shall fully indemnify the City against such claims and actions on the part of the Owner, including for all legal and consultant fees and disbursements notwithstanding the result of any such action or claim.
