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39-01 Development Agreement - Virginia Marti
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39-01 Development Agreement - Virginia Marti
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Last modified
5/14/2013 2:59:22 PM
Creation date
7/8/2003 7:48:10 AM
Metadata
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Template:
Office Of Council
Document Type
Ordinances
Date
7/8/2003
Date Adopted
10/15/2001
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(f) The College .represents and warrants that there is no action, suit, proceeding, inquiry <br />or investigation, at law or in equity, or before or by any court, public board or body, knOwn to be pending or <br />threatened against or affecting the College, wherein an unfavorable decision, ruling or finding would <br />materially adversely affect the validity or enforceability of the Project Agreements. <br /> <br /> 12. Assignment and Agreement. Except as otherwise stated herein, no assignment of the fights or <br />benefits and no delegation of the duties provided in this Agreement may be made without the written consent <br />of the non-assigning or non-delegating party. Either the City or the College may subcontract certain or all of <br />the services to be performed by it under this Agreement, but such subcontract shall not be construed to <br />constitute a novation of this Agreement, and in such ease, the subcontracting party shall remain primarily <br />liable for its performance under this Agreement. <br /> <br /> 13. Savings Clause/Governing Law. If one or more provisions of this Agreement or any <br />application of any provision shall be deemed or declared to be invalid, illegal or unenforceable in any <br />respect, the validity, legality or enforceability of the remaining provisions of this Agreement shall in no way <br />be affected or implied. The laws of the State of Ohio shall govern this Agreement. <br /> <br /> 14. Modification. This Agreement shall not be changed, modified or amended, except by writing <br />signed by all of the parties. <br /> <br /> 15. No Third Party Beneficiaries. There shall be no actual or intended third party beneficiaries to <br />this Agreement. <br /> <br /> 16. Binding Nature. This Agreement shall bind and inure to the benefit and burden of the parties, <br />their personal representatives, successors and permitted assigns to the extent stated herein. <br /> <br /> 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which <br />shall be deemed to bean original and all of which together shall be deemed to be one and the same <br />instrument. <br /> <br />[SIGNATURES ON THE FOLLOWING.PAGE] <br /> <br /> <br />
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