Apple Inns, Inc Reimbursement Agreement 20230809

Home

c. To make all commercially reasonable efforts to cooperate with City in its processing of the Second Amendment. 6. Amendment. This Agreement, including any exhibits hereto, may be amended only by mutual written agreement of the parties. 7. No Agency, Joint Venture or Partnership. City and Lessee hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Lessee and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Lessee. 8. Venue and Applicable Law. Any action by any party to this Agreement shall be brought in the appropriate court of competent jurisdiction within the County of Alameda, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 9. Entire Agreement. Each party acknowledges that this Agreement sets forth all covenants, promises, conditions and understanding between the parties regarding the matters set forth herein, and there are no promises, conditions, or understanding either oral or in writing between the parties other than as set forth herein. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed by them. 10. Effect of Waiver. No waiver by a party of any provision of this Agreement shall be considered a waiver of any other provision or any subsequent breach of the same or any other provision, including the time for performance of any such provision. The exercise by a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. 11. Interpretation of Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements whether oral or written. Any amendment to this Agreement, including an oral modification supported by new consideration, must be reduced to writing and signed by both parties before it will be effective. Both parties have had an equal opportunity to participate in the drafting of this Agreement. The usual construction of an agreement as to the drafting party shall not apply to this Agreement. DocuSign Envelope ID: C06F5183-C6CA-48E2-AC7D-882CAEC2E603