8673-13 McKinley School Purchase

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►111J.1N 13.2 - Plan Submittal. (a) Following the Demolition Work and prior to the construction of the initial Improvements on the Property, the party or parties constructing the initial Improvements shall submit to Seller a site plan and building layout in connection with the initial Improvements to be constructed on the Property for the review and written approval of the Seller, which review and approval shall not be unreasonably withheld, conditioned or delayed by Seller. 13.3 - Seller's Right To Purchase. The Deed shall contain an option for Seller to repurchase the Property from Buyer in accordance with the terms set forth in Exhibit B attached hereto and incorporated herein by reference. SECTION 14 — NOTICE. All notices, requests and other communications under this Agreement shall be in writing and shall be deemed given when made by personal delivery, or next or second business day by delivery by a nationally recognized overnight courier, addressed as follows, and notice shall be deemed given on the date on which the notice is received by a party, in the case of personal delivery or on the next or second (whichever is applicable) business day immediately following receipt by the courier, in the case of an overnight courier: If to Seller: Lakewood City School District 1470 Warren Road Lakewood, Ohio 44107 Attn: Jeffrey W. Patterson And: Walter & Haverfield LLP The Tower at Erieview 1301 East Ninth Street Suite 3500, Cleveland, Ohio 44114 -1821 Attn: Eric Johnson If to Buyer: City of Lakewood Ohio 12650 Detroit Avenue Lakewood, Ohio 44107 Attn: Kevin M. Butler SECTION 15 — ASSIGNMENT. Buyer may not assign its rights and obligations under this Agreement without Seller's prior written consent, which consent may be withheld by Seller in its sole and absolute discretion. SECTION 16 - MISCELLANEOUS. 16,1 - Governing Law. This Agreement shall be governed by the laws of the State where the Property is located, without regard to rules regarding conflicts of laws. 16.2 - Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.