2008 048 Ordinance - Laserfiche WebLink

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12.5 Severability. If any provision(s) of this Agreement will be determined to be void by any court of competent jurisdiction, then such determination will not affect any other provision of this Agreement and all such other provisions will remain in full force and effect and will be valid and enforceable to the fullest extent permitted by law. 12.6 Modifications. No modification, release, discharge, or waiver of any provision(s) of this Agreement will be of any force, effect or value unless in writing signed by both Parties or their duly authorized agent or attorney. 12.7 Waiver. The failure of either Party to enforce or insist upon compliance with any of the provisions of this Agreement or the waiver thereof in any instance will not be construed by the other Party as a general waiver or relinquishment of any other provision of this Agreement, but the same will, nonetheless be and remain in full force and effect. 12.8 Counterparts. This Agreement may be executed in counterparts and, upon both Parties having executed a counterpart, such counterparts will together constitute one and the same instrument. 12.9 Interpretation. To the extent there is an inconsistency between a provision in this Agreement and a provision in the Fiber Facilities Agreement, the provision in the Fiber Facilities Agreement controls. IN WITNESS WHEREOF .and in confirmation of their consent to the terms and conditions contained in this Agreement and intending to be legally bound hereby, OneCommunity and the Village have executed this Agreement as of the later of the dates set forth below (the "Effective Date"). ONECOMMUNITY VILLAGE OI{' MAYFIELD, OHIO By: By: Mark T. Ansboury, Senior Bruce G. Rinker, Mayor Vice President/Chief Technology Officer Date: APPROVED AS TO LEGAL FORM: Joseph W. Diemert, Jr. Director of Law 596827v.3 Date: By: William Buckholtz President of Council Date: 7