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2009-060 Ordinance
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2009-060 Ordinance
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1/16/2014 10:56:20 AM
Creation date
1/15/2014 4:31:34 AM
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North Olmsted Legislation
Legislation Number
2009-060
Legislation Date
6/2/2009
Year
2009
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~s <br />Section IX <br />Contract Terms To Be Exclusive <br />This written agreement contains the sole and entire agreement between the <br />parties and shall supersede any and all other agreements between the parties. The <br />parties acknowledge and agree that neither of them has made any representation <br />with respect to the subject matter of this agreement or any representations <br />inducing its execution and delivery except such representations as are specifically <br />set forth in this writing and the parties acknowledge that they have relied on their <br />own judgment in entering into the same. The parties further acknowledge that <br />any statements or representations that may have been made by either of them to <br />the other are void and of no effect and that neither of them has relief on such <br />statements or representations in connection with its dealings with the other. <br />Section X <br />Waiver or Modification Ineffective <br />Unless in Writing <br />It is agreed that no waiver or modification of this agreement or of any <br />covenant, condition, or limitation contained in it shall be valid unless it is in <br />writing and duly executed by the party to be charged with it, and that no evidence <br />of any waiver or modification shall be offered or received in evidence in any <br />proceeding, arbitration, or litigation between the parties arising out of or affecting <br />this agreement, or the rights or obligations of any party under it, unless such <br />waiver or modification is in writing, duly executed as above. The parties agree <br />that the provisions of this paragraph may not be waived except by a duly executed <br />writing. <br />Section XI <br />Contract Governed by Law of <br />State of Ohio <br />The parties agree that it is their intention and covenant that this agreement <br />and performance under it and all suits and special proceedings relating to it be <br />construed in accordance with and under and pursuant to the laws of the State of <br />Ohio, and that in any action, special proceeding, or other proceeding that may be <br />brought arising out of, in connection with, or by reason of this agreement, the <br />laws of the State of Ohio shall be applicable and shall govern to the exclusion of <br />the law of any other forum, without regard to the jurisdiction in which any action <br />or special proceeding maybe instituted. <br />Section XII <br />Survivorship of Benefits <br />
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