Common use of Performance Under Agreements Clause in Contracts

Performance Under Agreements. The City shall perform its obligations under and pursuant to the IGA, subject to all provisions of the IGA, including provisions related to termination, and subject to and conditioned upon ADOT’s performance under and pursuant to the IGA. Termination of the IGA by the City or ADOT pursuant to any provision in the IGA related to termination will not result in a default by the City of any obligations under this Section. In the event of a default by the City of its obligations under this Section, Vintage’s sole and exclusive remedy shall be limited to specific performance (i.e., transfer of the City Property to ADOT), thereby waiving any right to seek damages of any kind from the City. However, in no event will Vintage have any rights to specific performance or enforcement of this Section if either Vintage or ADOT is in default of its obligations under the Implementation Agreement, separately entered into by those parties.