8881-16 Agreement w/Cleve to Resurface Lakewood Heights Blvd.

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approval, Lakewood shall not approve and /or accept any work performed in Cleveland without the prior written approval of Cleveland. Cleveland shall act in good faith and timely in approving expenses and /or acceptances of the quality of the work. Section 6. Nature of Duties. All of the agreements, covenants and duties of Lakewood and Cleveland under this Agreement are hereby established as duties specifically enjoined by law or resulting from an office, trust or station upon Lakewood and Cleveland within the meaning of Section 273 1.01, Olio Revised Code. Section 7, Notices. Any and all notices required or permitted hereunder shall be deemed sufficiently given if made in writing either delivered in person or deposited, postage prepaid, in the United States first class mail, addressed as follows: If to Lakewood: City of Lakewood 12650 Detroit Avenue Lakewood, Ohio 44107 Attention: Mayor If to Cleveland: City of Cleveland 601 Lakeside Ave. Cleveland, Ohio 44114 Attention: Mayor Section 8. Effect of Partial Invalidity. A determination that any part of this Agreement is invalid shall not invalidate or impair the force or effect of any other part hereof or any other proceeding relating to the Improvement, except to the extent that such other part or proceeding is wholly dependent upon the part declared invalid. Section 9. Entire Agreement; Amendments. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and it may not be effectively amended, changed, modified, altered or terminated except by written mutual agreement of the parties. Section 10. No Personal Liability. No obligation hereunder shall constitute the personal obligation, whether jointly or severally, of the members of the Council of Lakewood, the members of the Council of Cleveland or any other officer of Lakewood or Cleveland, Section 11. Cautions and Headivas. The captions and headings in this Agreement are solely for convenience of reference and shall in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. Section 12. Counterparts. This Agreement may he executed in any number of counterparts, each of which shall be regarded as an original and all of which shall be regarded as an original and all of which sliall constitute one and the same instrument. 4of5