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2023-094 Ordinance
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2023-094 Ordinance
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10/19/2023 2:06:10 PM
Creation date
10/19/2023 2:03:46 PM
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North Olmsted Legislation
Legislation Number
2023-094
Legislation Date
10/17/2023
Year
2023
Legislation Title
Sale of PPN 233-26-063 Weber
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(a) Communications concerning Seller shall be addressed to: <br />Michael R. Gareau, Jr., Director of Law, City of North Olmsted, Ohio; <br />(b) Communications concerning Purchaser shall be addressed to: <br />12.5 Conflict of Laws. This Agreement shall be governed by the laws of the State of <br />Ohio. <br />12.6 No Waiver. No waiver of any breach of any agreement or provision herein <br />contained shall be deemed a waiver of any preceding or succeeding breach thereof or of any <br />other agreement or provision herein contained. No extension of time for performance of any <br />obligations or acts shall be deemed an extension of the time for performance or any other <br />obligations or acts. No failure or delay of either party in the exercise of any right given to such <br />party hereunder shall constitute a waiver hereof unless the time specified herein for exercise of <br />such right has expired, nor shall any single or partial exercise of any right preclude others or <br />further exercise thereof or of any other right. The waiver of any breach hereunder shall not be <br />deemed to be a waiver of any other or any subsequent breach hereof. <br />12.7 Counterparts. This Agreement may be executed in one or more counterparts, each <br />of which shall be deemed to be an original, but all of which, together, shall constitute one and the <br />same instrument. As used in this Agreement "execution of this Agreement" or "full execution of <br />this Agreement" means the execution and delivery of this Agreement by Seller and Purchaser. <br />12.8 Assignment. This Agreement shall not be assigned by Purchaser to any person <br />entity without the advance written consent of Seller, which consent may be withheld in Seller's <br />discretion. At the time of Closing, Purchaser may, with the consent of Seller, request that a <br />nominee take title to the Property. No consent to any assignment or to a conveyance to a <br />nominee shall relieve Purchaser of an obligations arising under this Agreement. <br />12.9 Construing Language. The parties hereby acknowledge that each is a <br />sophisticated Purchaser or Seller of properties and each is represented by counsel and has had the <br />opportunity to review this Agreement. The covenants and agreements of the parties contained in <br />this Agreement shall not be construed in favor of or against either party, but shall be construed as <br />if both parties drafted this Agreement. <br />12.10 Severability. If any term, covenant, condition or provision of this Agreement, or <br />the application thereof to any person or circumstance, shall ever be held to be invalid or <br />unenforceable, then in each such event the remainder of this Agreement or the application of <br />such term, covenant, condition or provision to any other person or any other circumstance (other <br />than those as to which it shall be invalid or unenforceable) shall not be thereby affected, and each <br />term, covenant, condition and provision hereof shall remain valid and enforceable to the fullest <br />extent permitted by law. <br />
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