Laserfiche WebLink
8/30/07 <br />13) Nonliability of City Officials. <br />No official, officer, employee, agent, or representative of City shall be personally <br />liable to Developer, or any successor -in- interest, in the event of any default or breach by <br />the City, or for any amount which may become due to Developer or any successor -in- <br />interest, or for breach of any obligation of the terms of this Agreement. <br />14) Interpretation: Severability. <br />The terms of this Agreement shall not be construed for or against any party hereto <br />by reason of authorship of this Agreement. Each provision of this Agreement shall be <br />severable from the whole. If any provision of this Agreement shall be found contrary to <br />law, the remainder of this Agreement shall continue in full force. <br />15) Assignment of Agreement. <br />This Agreement may not be transferred, assigned, or encumbered by any party <br />hereto without the express, prior, written consent of all of the other parties hereto, which <br />consent may be given or withheld in the non - assigning party's sole and absolute <br />discretion. <br />16) Entire Agreement: Amendment. <br />This Agreement integrates all of the terms and conditions agreed to by the parties and <br />supersedes all previous negotiations or agreements between the parties with respect to the <br />subject matter hereof. This Agreement may be amended only by a document in writing <br />signed by the parties hereto subject to the approval of the City Council. <br />17) Corporate Authority. <br />The person (s) executing this on behalf of each of the parties hereto warrant that (i) <br />such party is duly organized and existing, they are duly authorized to execute and <br />deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, <br />such party is formally bound to the provisions of this Agreement, and (iv) the entering <br />into this Agreement does not violate any provision of any other agreement to which said <br />party is bound. <br />18) Counterparts. <br />This Agreement may be executed in counterparts, each of which shall be deemed to <br />be an original, and such counterparts shall constitute one and the same instrument. <br />19) Time of Essence. <br />Time is of the essence in the performance of this Agreement. <br />9 <br />