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80A - AGMT WITH HABITAT FOR HUMANITY
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80A - AGMT WITH HABITAT FOR HUMANITY
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11/12/2020 5:24:15 PM
Creation date
11/12/2020 3:26:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
11/17/2020
Destruction Year
2025
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17.11 Headings and Titles. The captions of the Articles or Sections of this Lease are only <br />to assist the Parties in reading this Lease and shall have no effect upon the construction or <br />interpretation of any part hereof. <br />17.12 Interpretation. Whenever required by the context of this Lease, the singular shall <br />include the plural and the plural shall include the singular. The masculine, feminine and neuter <br />genders shall each include the other. In any provision relating to the conduct, acts or omissions of <br />Tenant, the term "Tenant" shall include Tenant's agents, employees, contractors, invitees, <br />successors or others using the Premises with Tenant's expressed or implied permission. In any <br />provision relating to the conduct, acts or omissions of Agency, the term "Agency" or "Lessor" <br />shall include Agency's agents, employees, contractors, invitees, successors or others using the <br />Premises with Agency's expressed or implied permission. <br />17.13 Ambiguities. Each Party hereto has reviewed this Lease with legal counsel, and has <br />revised (or requested revisions of) this Lease based on the advice of counsel, and therefore any <br />rules of construction requiring that ambiguities are to be resolved against a particular Party shall <br />not be applicable in the construction and interpretation of this Lease or any exhibits hereto. <br />17.14 Successors and Assigns. Except as otherwise specifically provided in this Lease, <br />all of the covenants, conditions and provisions of this Lease shall be binding upon and shall inure <br />to the benefit of the Parties hereto and their respective heirs, personal representatives, successors <br />and assigns. <br />17.15 Time is of the Essence. Time is of the essence with respect to the performance of <br />every provision of this Lease in which time of performance is a factor. <br />17.16 Severability. If any term or provision of this Lease is held invalid or unenforceable <br />to any extent under any applicable law by a court of competent jurisdiction, the remainder of this <br />Lease shall not be affected thereby, and each remaining term and provision of this Lease shall be <br />valid and enforceable to the fullest extent permitted by law. <br />17.17 Integration. This Lease together with the Inclusionary Grant Agreement, along with <br />any exhibits, attachments or other documents affixed hereto or referred to herein and related <br />Agency permits, constitute the entire agreement between Agency and Tenant relative to the leasing <br />of the Premises. This Lease and such exhibits, attachments and other documents may be amended <br />or revoked only by an instrument in writing signed by Agency and Tenant. Agency and Tenant <br />hereby agree that no prior agreement, understanding or representation pertaining to any matter <br />covered or mentioned in this Lease and Inclusionary Grant Agreement shall be effective for any <br />purpose. <br />17.18 Notices. All notices or other communications required or permitted hereunder shall <br />be in writing, and shall be personally delivered or sent by registered or certified mail, postage <br />prepaid, return receipt requested, or electronic mail, shall be deemed received upon the earlier of <br />(a) if personally delivered, the date of delivery to the address of the person to receive such notice, <br />(b) if mailed, three (3) business days after the date of posting by the United States post office, (c) <br />if given by electronic mail, when sent if before 5:00 p.m., otherwise on the next business day, or <br />(d) if delivered by overnight delivery, one (1) business day after mailing. <br />Page137 <br />80A-104 <br />
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