Laserfiche WebLink
12. MISCELLANEOUS. <br />A. Joint and Several Obligation If more than one entity is designated in, or <br />signatory to, this Agreement, the obligations hereunder imposed upon the District <br />shall be joint and several; and the term the District as used herein shall refer to <br />each and every of said signatory parties, severally as well as jointly. <br />B. Agreements This instrument contains all of the agreements and <br />conditions entered into and made by and between the parties with respect to the <br />property and may not be modified orally, or in any manner, other than by an <br />agreement in writing signed by all the parties hereto or their respective <br />successors -in interest. <br />C. Conditions of Notice Whenever, in this Agreement the approval or <br />consent of a party is required, such approval or consent must be in advance, <br />shall be in writing, and shall be executed by a person having the express <br />authority to grant such approval or consent unless the terms of this Agreement <br />specifically allow an oral approval or consent of a party. <br />D. Time of Essence Time is, and shall be, of the essence for each term and <br />provision of this Agreement. <br />E. Terms, Conditions and Covenants Each and every term, condition, <br />covenant and provision of this Agreement is and shall be deemed to be a <br />material part of the consideration for the City's entry into this Agreement and any <br />breach hereof by the District shall be deemed to be a material breach. Each <br />term and provision of this Agreement performable by the District shall be <br />construed to be both a covenant and a condition. <br />F. Headings The headings of the several paragraphs and sections of this <br />Agreement are inserted only as a matter of convenience and for reference and in <br />no way define, limit or describe the scope or intent of any provisions of this <br />Agreement and shall not be construed to affect in any manner the terms and <br />provisions hereof or the interpretation or construction thereof. <br />G. Severability In the event any covenant, condition or provision herein <br />contained is held to be invalid by a court of competent jurisdiction, the invalidity <br />of any such covenant, condition or provision shall in no way affect any other <br />covenant, condition or provision herein contained, provided the invalidity of any <br />such covenant, condition or provision does not materially prejudice either the City <br />or the District in its respective rights and obligations contained in the valid <br />covenants, conditions and provisions of this Agreement. <br />H. Incorporation of Exhibits All exhibits and addenda referred to herein, and <br />any exhibits or schedules which may from time to time be referred to in any duly <br />executed amendment hereto, are by such reference incorporated herein and <br />shall be deemed a part of this Agreement as if set forth fully herein. <br />5 <br />