2016 014 Ordinance - Laserfiche WebLink

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transferee and assignee acknowledges and consents in writing to the assignment of this Incentive Grant Agreement. SECTION VIII - REOPENER PROVISION In the event that the Company fails to generate the requisite MITR for any year of the Tenn of this Agreement, the Village and the MCIC may elect to consult with the Company on potential appropriate restructuring of the Incentive Grant, provided that such adjustment does not increase the Incentive Grant to which the Company would otherwise be entitled. SECTION IX -BINDING EFFECT Upon execution, this Incentive Grant Agreement shall be binding upon, and shall inure to the benefit of the Parties and the respective successors and assigns of each. The Parties hereto represent and warrant that they have full authority to execute this Incentive Grant Agreement on behalf of the Party for which they execute. SECTION X -FORBEARANCE NOT A WAIVER No act of forbearance or failure of the Parties to insist on the prompt performance of any obligations under this Incentive Grant Agreement, either express or implied, shall be construed as a waiver by the Parties of any rights of the Parties under this Incentive Grant Agreement or applicable law. Notwithstanding the foregoing, any and all claims by a Party under this Agreement must be asserted no later than April 1, 2023, unless otherwise agreed to in writing by the Parties. SECTION XI -SURVIVAL Any provision of this Incentive Grant Agreement which, by its nature, is intended to survive the expiration or other termination of this Incentive Grant Agreement shall so survive. SECTION XII - SEVERABILITY Whenever possible, each provision of this Incentive Grant Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Incentive Grant Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of the provisions of this Incentive Grant Agreement. SECTION XIII -GOVERNING LAW This Incentive Grant Agreement shall be governed by the laws of the State of Ohio as to all matters including, but not limited to, its validity, construction, effect and performance. {02075893 -3} Page 7