2005 039 Ordinance - Laserfiche WebLink

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7. Further Convevance. AIK-SOM shall be permitted to convey the fee simple interest in its portion of the. Conservation Area (or any other property) to the Association or the Village at any time. Miscellaneous. (a) Controlling Law. The interpretation and performance of this Agreement shall. be governed by the laws of the State of Ohio; (b) Waiver of Violation. No waiver by AIK-SOM or the Village at any time of any term, condition, restriction or right sha11 be deemed or taken as a waiver at any time thereafter of the same ar any other term, condition, restriction or right or of the strict and prompt performance thereof. No delay, failure, or omission of AIK-SOM or the Village to take or to exercise any right, power, privilege, or option that arises from any default shall impair or be construed to impair any such right, power, privilege, or option. No waiver shall be valid against AIK-SOM or the Village unless in writing. (c) Severabilitv: If any provision of this Agreement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision to the persons or circumstances other than those as to which it is found to be invalid, as the case may be; shall not be affected thereby. (d) Entire A egr ement. This Agreement sets forth the entire agreement of the parties with respect to the Conservation Area and/or the easement herein set forth and supersedes a11 prior discussions, negotiations, understandings or agreements relating to the Easements and the Easement Areas, all of which are merged herein. . (e) Modification. No modification of any of the terms and conditions of this Agreement shall be effective unless such modification is expressed in writing and executed by each of the parties. . (f) Agreement Approval. Each party hereby represents and warrants that all necessary approvals for this Agreement have been obtained, and each person whose signature appears below represents that he or she has the authority necessary to execute this Agreement on behalf of the party indicated. (the balance of this page is intentionally blank, signature pages and Exhibits follow) CLEV1997_1472356_5.DOC 9