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10A Action 2014 0616
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10A Action 2014 0616
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Last modified
2/8/2018 10:11:00 AM
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6/11/2014 10:55:43 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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_CC Agenda 2014 0616 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
Inst 2016145589
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2016
Reso 2014-065
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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9 <br />waives any other venue to which it might be entitled by virtue of domicile, habitual residence or <br />otherwise. <br />7.9 WAIVER; MODIFICATION AND AMENDMENT. No failure or delay on the <br />part ofthe Lenderin exercising any right, power, or remedy hereunder shall operate as a waiver <br />thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any <br />other or further exercise thereof or the exercise of any other right, power, or remedy hereunder. <br />No modification or waiver of any provision of this Agreement, nor any consent to any departure <br />by Borrower therefrom, shall in any event be effective unless the same shall be in writing, and <br />then such waiver or consent shallbe effective only in the specific instance and for the specific <br />purpose for which given. No notice to or demand on the Borrower in any case shall entitle the <br />Borrower to any other or further notice or demand in similar or other circumstances. No <br />amendment to or modification of this Agreement shall be effective unless and until such <br />amendment or modification is in writing, properly approved in accordance with applicable <br />procedures, and executed by the Parties. <br />7.10 ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit <br />of the Parties and their respective successors and assigns. Notwithstanding the foregoing, <br />Lender’sobligation to make the Loan is personal to Borrower, and shall not be assignable by <br />Borrower by operation of law or otherwise absent the express written consent of Lender, and any <br />such assignment by operation of law or otherwise shall be void. <br />7.11 NO THIRD PARTY BENEFICIARIES. There shall be no third party <br />beneficiaries to this Agreement. <br />7.12 ENTIRE AGREEMENT; EXHIBITS. This Agreement, together with the other <br />Loan Documents, constitutes the entire agreement between the Parties with respect to the subject <br />matter hereof and supersedes any and all prior or contemporaneous oral or written agreements <br />and negotiations between the Parties with respect thereto. Exhibits A throughDattached hereto <br />are incorporated herein by reference as though fully set forth herein. <br />7.13 SURVIVAL. All representations made by Borrower herein and the provisions of <br />Sections 4.7and 4.10hereof shall survive the expiration or termination of this Agreementand <br />the making and repayment of the Loan. The representations of Borrower made herein have been <br />or will be relied upon by the Lender, notwithstanding any investigation made by the Lenderor <br />on its behalf. <br />SIGNATURES ON FOLLOWING PAGE.
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