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1990 031 Resolution
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1990 031 Resolution
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Last modified
11/19/2018 4:05:27 PM
Creation date
9/5/2018 5:21:39 AM
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Template:
Legislation-Meeting Minutes
Document Type
Resolution
Number
031
Date
5/21/1990
Year
1990
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ARTICLE 6 <br />GENERAL: PROVISIONS <br />6.1 - Assignment. This Agreement shall not be assignable by any of the parties hereto without <br />the prior written consent of the other parties. <br />6.2 - Modification and Waiver. No cancellation, modification, amendment, deletion, addition, <br />or other change in this Agreement or any provision hereof or waiver of any right or remedy <br />herein provided shall be effective for any purpose unless specifically set forth in writing and <br />signed by the parties to be bound thereby. No waiver of arty right or remedy in respect <br />of any occurrence or event on one occasion shall be deemed a waiver of such right or <br />remedy in respect of such occurrence or event on any other occasion. <br />6.3 - Entire Agreement. This Agreement, which includes any exhibits attached hereto, contains <br />the entire understanding and agreement of the parties with respect to the subject matter <br />hereof and supersedes all prior or contemporaneous arrangements, commitments, <br />representations, or understandings, whether written or oral. <br />6.4 - Liability. The County and its officials, employees, and volunteers; the CMEIMS <br />Community and its officials, employees, and volunteers; and the CEM Board, its members, <br />and the members of its communities providing services under this Agreement shall enjoy <br />those protections provided for in Section 5915.10 of the Ohio Revised Code. <br />6.5 - Headings. The headings and titles to the articles and sections of this Agreement are <br />inserted for convenience only and shall not be deemed a part hereof or affect the <br />construction or interpretation of any provision hereof. <br />6.6 - Severability. Should any provision hereof be found by a court of competent jurisdiction <br />to be invalid, unlawful, or unenforceable, such finding shall not affect the validity or <br />enforceability of any other provision of this Agreement. <br />6.7. - Controlling Law. All questions concerning the validity and operation of this Agreement <br />and the performance of the obligation imposed upon the parties hereunder shall be <br />governed by the laws of the State of Ohio. <br />6.8 - Counterparts. This Agreement may be executed in several counterparts, each of which <br />shall be deemed to be an original, and all such counterparts together shall constitute but <br />one and the same instrument. <br />6.9 - Inconsistent Provisions. In the event of any inconsistencies between one or more of the ~ <br />provisions herein, then the provision most favorable to the County shall prevail. <br />6.10 - Rights and Remedies. The duties and obligations imposed by this Agreement are in <br />addition to and not in limitation of any duties or obligations otherwise imposed by law. The <br />rights and remedies provided in this Agreement are in addition to and not in limitation of <br />other rights and remedies under this Agreement, at law or in equity, and the exercise of <br />one right or remedy will not be deemed a waiver of any other right or remedy. <br />6.11 - Authority. The County, the CEM Board, and the CMEIMS Community have full Dower anti <br />authority to enter into and perform this Agreement accordance with its terms. Persons ~ <br />signing this Agreement in a representative capacity of the County, the CEM Board, or the j <br />CMEIMS Community have authority to do so. 1 <br />
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