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AG 2016 07 18
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AG 2016 07 18
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7/20/2016 11:45:58 AM
Creation date
11/27/2017 10:34:09 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/18/2016
Board
Board of Commissioners
Meeting Type
Regular
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any written or verbal representations of any agent, manager, or other employees to the contrary. This <br />Contract constitutes the entire agreement of the parties as to the subject matter hereof and may not be <br />amended except by written instrument executed by Buyer and Seller. Time is of the essence under this <br />Contract. Anywhere a day certain is stated for payment or for performance of any obligation, the day <br />certain so stated enters into and becomes a part of the consideration for this Contract. <br />29. Counterparts, Electronically Transmitted Signatures This Contract may be <br />executed in counterparts, each of which shall be deemed an original and all of which together shall <br />constitute one and the same instrument. Electronically transmitted signatures shall constitute originals <br />for purposes hereof. <br />30. No Partnership Nothing in this Contract shall be deemed in any way to create <br />between the parties any relationship of partnership, joint venture or association, and the parties disclaim <br />the existence thereof. <br />31. Waivers No party shall be deemed to have waived the exercise of any right which it <br />holds hereunder unless such waiver is made expressly and in writing (and no delay or omission by any <br />party hereto in exercising any such right shall be deemed a waiver of its future exercise). No such <br />waiver made as to any instance involving the exercise of any such right shall be deemed a waiver as to <br />any other such instance, or any other such right. <br />32. Parties Represented This Contract was prepared and negotiated between the parties, <br />both having had legal representation relative to such preparations and negotiations, and no terms or <br />provisions herein shall be interpreted against the drafter thereof, the parties agreeing that they have <br />reviewed and agreed upon all of the same with assistance of their respective chosen counsel. <br />33. PrevailinE Party Fees and Costs In the event of any legal action or arbitration <br />proceeding between the Parties regarding this Contract or the Property, the prevailing party shall be <br />entitled to payment by the non - prevailing party of its reasonable attorneys' fees and litigation or <br />arbitration expenses as determined in the course of the proceeding. As used herein, "prevailing party" <br />means a party recovering all or substantially all of the relief sought by such party, whether as plaintiff <br />or defendant. <br />34. Submission, Effective Date; Time Periods The submission by Seller to Buyer of <br />this Contract in an unsigned form shall be deemed to be a submission solely for Buyer's consideration <br />and review. Such submission shall have no binding force and effect, shall not constitute an option or <br />an offer, and shall not confer any rights upon either party or impose any obligations upon either party <br />irrespective of any reliance thereon, change of position or partial performance, unless and until Buyer <br />and Seller shall have both executed this Contract as required herein and delivered the same to each <br />other. <br />"Effective Date" means the last date that the last signatory for either Buyer or Seller executes <br />this Contract. <br />If any date set forth in this Contract shall fall on, or any time period set forth in this Contract <br />shall expire on, a day which is a Saturday, Sunday, federal or state holiday, or other non - business day, <br />such date shall automatically be extended to, and the expiration of such time period shall automatically <br />to be extended to, the next day which is not a Saturday, Sunday, federal or state holiday or other non- <br />business day. The final day of any time period under this Contract or any deadline under this Contract <br />Page 13 of 17 <br />Attachment number 8 \n <br />G -2 Page 143 <br />
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