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Agmt 2011 San Leandro Dark Fiber LLC
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Agmt 2011 San Leandro Dark Fiber LLC
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Last modified
8/8/2011 5:17:46 PM
Creation date
8/8/2011 5:16:06 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/13/2011
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PERM
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Reso 2011-107
(Approved by)
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\City Clerk\City Council\Resolutions\2011
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indemnification obligations set forth in this Section 14 shall survive the expiration or <br /> earlier termination of this Agreement. <br /> 15. Severability. If any term or provision of this Agreement or the application thereof <br /> shall, to any extent, be held to be invalid or unenforceable, such tern or provision shall be <br /> ineffiective to the extent of such invalidity or uncnforceability without invalidating or <br /> rendering unenforceable the remaining terms and provisions of this Agreement or the <br /> application of such terms and provisions to circumstances other than those as to which it is <br /> held invalid or unenforceable unless an essential purpose of this Agreement would be <br /> defeated by loss of the invalid or unenforceable provision. <br /> 16. Entire Agreement; Amendments In Writing; Counterparts. This Agreement <br /> contains the entire understanding of the Parties with respect to the subject matter hereof <br /> and supersedes all prior and contemporaneous agreements and understandings, oral and <br /> written, between the Parties with respect to such subject matter. This Agreement may be <br /> amended only by a written instrument executed by the Parties or their successors in <br /> interest. This Agreement may be executed in multiple counterparts, each of which shall be <br /> an original and all of which together shall constitute one agreement. <br /> 17. Successors and Assigns; No Third -Party Beneficiaries. This Agreement shall be <br /> binding upon and inure to the benefit of the Parties and their respective successors and <br /> assigns; provided however, that neither Party shall transfer or assign any of such Party's <br /> rights hereunder by operation of law or otherwise without the prior written consent of the <br /> other Party, and any such transfer or assignment without such consent shall be void. <br /> Subject to the immediately preceding sentence, this Agreement is not intended to benefit, <br /> and shall not run to the benefit of or be enforceable by any other person or entity other <br /> than the Parties and their permitted successors and assigns. <br /> 18. Brokers. Each Party warrants and represents to the other that no brokers have <br /> been retained or consulted in connection with this transaction other than as disclosed in <br /> writing to the other Party. Each Party agrees to defend, indemnify and hold harmless the <br /> other Party from any claims, expenses, costs or liabilities arising in connection with a <br /> breach of this warranty and representation. The terms of this Section shall survive the <br /> expiration or earlier termination of this Agreement. <br /> 19. Captions. The captions of the sections and articles of this Agreement are for <br /> convenience only and are not intended to affect the interpretation or construction of the <br /> provisions hereof. <br /> 20. Governing Law. This Agreement shall be governed by and construed in accordance with <br /> the laws of the State of California. <br /> SIGNATURES ON FOLLOWING PAGE. <br /> 7 <br />
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