Agmt 2006 American Golf Corp - Laserfiche WebLink

Home

16. ASSIGNMENT; SUCCESSORS AND ASSIGNS. Neither party may transfer or assign this Agreement or any part thereof without the other party's prior written consent. Consent to assignment shall not be unreasonably withheld, conditioned or delayed. Any successor or assignee shall execute a written acceptance of all provisions of this Agreement before the assignment shall be effective. Any attempt to assign without prior written approval and acceptance shall be void. 17. CONSTRUCTION. The provisions of this Agreement should be liberally construed to effectuate its purposes. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party, as each party has participated in the drafting of this document and had the opportunity to have its counsel review it. Whenever the context and construction so require, all words used in the singular shall be deemed to be used in the plural, and all masculine shall include the feminine and neuter, and VIce versa. 18. COOPERATION. The Parties shall apply their reasonable best efforts to obtain any approvals needed to implement this Agreement. The Parties shall, whenever and as often as reasonably requested to do so by the requesting party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all documents and instruments as may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry out the intent and purposes of this Agreement, provided that the requesting party shall bear the costs and expense of such further instruments or documents (except that each party shall bear its own attorneys' fees). 19. DISPUTE RESOLUTION. a. In the event of any controversy or dispute arising out of or relating to this Agreement, its interpretation or the breach of the terms or conditions of this Agreement, the Parties shall make a good faith effort to resolve informally the controversy or dispute. Either party may initiate informal dispute resolution through delivery of written notice to the other party. The notice shall include a detailed description of the controversy or dispute. The Parties shall make every reasonable effort to meet within 10 business days of the request. b. Absent an emergency circumstance that involves issues of public health or safety, or imminent damage to any portion of the Golf Course property resulting from the use of recycled water, the Parties shall hold a minimum of one informal dispute resolution meeting before taking formal action otherwise provided in this Agreement or authorized by law. c. For any controversy involving the water quality of the recycled water, the Parties agree to make every reasonable effort to investigate the cause of the problems, develop a set of economically practical and viable solutions, and install additional treatment, if needed, to make the recycled water suitable so that the Minimum Quantity may be used without damage to the Golf Course. As either interim or permanent measures, the Parties shall consider blending of recycled water with higher quality water and periodic use of higher quality water to flush accumulated salts from the Golf Course areas irrigated with recycled water to mitigate any water 7 Recycled Water Service Agreement SB 404097 \'2:010960.0008 8/7/06