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FLAG TRUCKING, INC JACK MCCLURE
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FLAG TRUCKING, INC JACK MCCLURE
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Last modified
11/24/2021 2:46:59 PM
Creation date
11/24/2021 2:46:15 PM
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Contracts
Company Name
FLAG TRUCKING, INC JACK MCCLURE
Contract #
N-2021-235
Agency
City Attorney's Office
Destruction Year
N/A
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C. This Agreement shall be a legal, valid and binding obligation of Buyer, enforceable <br />against Buyer and its successors and assigns in interest in the Property, and each portion thereof, <br />in accordance with its terms, subject to bankruptcy and other equitable principles. <br />SECTION 10. ASSIGNMENT. This Agreement shall further provide that any Party <br />responsible for complying with its terms shall not assign its ownership interest in the Property or <br />any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in <br />writing to assume all of the duties and obligations and responsibilities set forth under this <br />Agreement. <br />SECTION 11. TIME OF THE ESSENCE Time is expressly made of the essence with <br />respect to the performance by City and Buyer of each and every obligation and condition of this <br />Agreement, <br />SECTION 12, A`1'TORNEY'S FEES. In addition to any other remedies provided herein <br />or available under applicable laws, if either Party to this Agreement commences an action against <br />the other Party arising out of, or in connection with this Agreement, the prevailing Party shall be <br />entitled to recover from the non -prevailing Party its costs of suit, including, but not limited to, its <br />reasonable attorney's fees, expert witness fees, and costs of investigation, <br />SECTION 13, INTEGRATION. This Agreement contains the entire understanding <br />between the Parties relating to the transaction contemplated by this Agreement, except as <br />otherwise provided. All prior contemporaneous agreements, understandings, representations and <br />statements, oral or written, are merged in this Agreement and shall be of no further force or effect. <br />Each Party is entering into this Agreement based solely upon the representations set forth herein <br />and upon each Party's own independent investigation of any and all facts such Party deenns <br />material. This Agreement constituted the entire understanding and agreement of the Parties, <br />notwithstanding any previous negotiations or agreements between the Patties or their predecessors <br />in interest with respect to all or any part of the subject matter hereof, <br />SECTION 14, SEVERABILITY, If tiny portion of this Agreement is declared invalid, <br />illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions <br />shall continue in full force and effect. <br />SECTION 15, AMENDMENT. No amendment, modification or supplement of this <br />Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject <br />to City approval, The requirement for written amendments, modifications or supplements cannot <br />be waived and any attempted waiver shall be void and invalid. <br />SECTION 16. NOTICES. All notices permitted or required under this Agreement shall be <br />given to the respective Parties at the following addresses, or at such other address as the respective <br />Parties may provide in writing for this purpose: <br />
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