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2007 019 Resolution
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2007 019 Resolution
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Last modified
11/19/2018 4:03:07 PM
Creation date
8/29/2018 4:45:07 AM
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Legislation-Meeting Minutes
Document Type
Resolution
Number
019
Date
12/17/2007
Year
2007
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relieved of all future liability that accrues following the date of transfer with respect to the <br />portion of Supermarket Parcel so conveyed. <br />(c) As used herein, the term Village shall refer to Village and its successors <br />and assigns, including specifically, any transferee of any part of Village Parcel who shall <br />automatically, by acceptance of the title of such Parcel or portion thereof, be deemed (i) to be a <br />successor to Village, (ii) to have assumed all obligations hereof relating thereto and thereafter <br />accruing, and (iii) to have agreed to execute any and all instruments and to do any and all things <br />reasonably required to carry out the intention of the provisions hereof; but nothing herein <br />contained shall be deemed to relieve the transferor of Village Parcel from its obligations under <br />this Agreement that shall have accrued prior to such transfer. Each transferee of Village Parcel <br />or any part thereof shall be deemed to have assumed the obligations accruing after such transfer <br />imposed on such transferor and such transferor shall upon the completion of such transfer be <br />relieved of all future liability that accrues following the date of transfer with respect to the <br />portion of Village Parcel so conveyed. <br />(d) If any of the easements, covenants. and agreements created by this <br />Agreement shall be unlawful or void for violation of any rule against perpetuities or any <br />analogous statutory provision or any rule restricting restraints on alienation or any other statutory <br />or common law rules imposing time limitations, then such provision shall continue in effect only <br />for twenty-one (21) years after the death of the survivor of the now living descendants of <br />President George W. Bush. No covenant, condition, restriction, or reservation of easement <br />contained in this Agreement is intended to create, or shall be construed as creating, a condition <br />subsequent or a possibility of reverter. <br />(e) This Agreement shall be governed by and construed in accordance with <br />the laws of the State of Ohio. (f) All exhibits to this Agreement are incorporated into this Agreement as if <br />fully rewritten herein. <br />(g) The easements, covenants and restrictions established and created by this <br />Agreement shall not merge or be otherwise impaired or affected by reason of the common <br />ownership of all or any portion of the parcels benefitted or burdened by this Agreement. <br />(h) The Paragraph headings herein are for convenience and reference only and <br />in no way define or limit the scope of this Agreement or in any way affect its provisions. <br />(i) If any provisions of this Agreement, or the application thereof to any <br />person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this <br />Agreement, or the application of such provision, or portion thereof, to any other persons or <br />circumstances shall not be affected thereby and each provision of this Agreement shall be valid <br />and enforceable to the fullest extent permitted by law.
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