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Inst 2005388458
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Inst 2005388458
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Last modified
8/12/2009 4:02:01 PM
Creation date
5/12/2009 4:03:07 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/22/2005
Recorded Document Type
DDA
Retention
PERM
Document Relationships
Inst 2005388457
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2005
RDA Reso 2005-013
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2005
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3.13 Severability. <br />If any term, provision, covenant or condition of this Agreement is held by a court of competent <br />jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force <br />and effect unless the rights and obligations of the Parties have been materially altered or abridged by such <br />invalidation, voiding or unenforceability, <br />3.14 Legal Actions. <br />In the event any legal action is commenced to interpret or to enforce the terms of this Agreement or <br />to collect damages as a result of any breach thereof, the Party prevailing in any such action shall be <br />entitled to recover against the Party not prevailing all reasonable attorney's fees and costs incurred in such <br />action. <br />3.15 Binding Effect. <br />This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, <br />executors, successors in interest and assigns of each of the Parties hereto except that there shall be no <br />transfer of any interest by any of the Parties hereto except pursuant to the terms of this Agreement, Any <br />reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, <br />administrator, executor or assign of such Party who has acquired an interest in compliance with the terms <br />of this Agreement, or under law. <br />3.16 Parties Not Co-Venturers. <br />Nothing in this Agreement is intended to or does establish the Parties as partners, co-venturers, or <br />principal and agent with one another. <br />3.17 Warranties. <br />The Agency expresses no warranty or representation to the Developer as to fitness or condition of <br />the Property which is the subject of this Agreement for the building or construction to be conducted thereon, <br />except as follows: Agency has made no untrue statements or representations in connection with this <br />Agreement, and all items transferred to Developer on or before Closing shall have been and be true, <br />correct and complete copies of what they purport to be. Agency has not failed to state or disclose any <br />material fact in connection with the transaction contemplated by this Agreement. Agency knows of no <br />facts, nor has Agency failed to disclose any fact, which would prevent Developer from using and operating <br />the Property after Closing in the manner in which it is intended to be used and operated by Developer. <br />3.18 ,Time is of the Essence. <br />In all matters under this Agreement, the Parties agree that time is of the essence, <br />3.19 Complete Understanding of the Parties. <br />This Agreement consists of the text of the Agreement and the attached Exhibits and constitutes the <br />entire understanding and agreement of the Parties. <br />
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