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REIT Management and Research <br /> Andrew Strain <br /> 400 Centre Street <br /> Newton, MA 02458 <br /> 15. Exceptions. City agrees to accept title to said real property subject to the matters described in <br /> greater detail in Attachment 4, attached hereto and by this reference made a part hereof. <br /> 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole <br /> of their Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all <br /> issue(s) that were raised or could have been raised in connection with the acquisition of said real <br /> property by City. <br /> 17. Contingency. It is understood and agreed between the parties hereto that the completion of <br /> this transaction, and the escrow created hereby, is contingent upon the specific acceptance and <br /> approval of the City herein. The execution of these documents and the delivery of same to Escrow <br /> Agent constitute said acceptance and approval. <br /> 18. Modification and Amendment. This Agreement may not be modified or amended except in <br /> writing signed by the Seller and City. <br /> 19. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the <br /> conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall <br /> have no effect, but all the remaining provisions of this Agreement shall remain in full force. <br /> 20. Captions. Captions and headings in this Agreement, including the title of this Agreement, are <br /> for convenience only and are not to be considered in construing this Agreement. <br /> 21. Governing Law. This Agreement shall be governed by and construed in accordance with the <br /> laws of the State of California. <br /> 22. No Reliance By One Partv On The Other. Each party has received independent legal advice <br /> from its attorneys with respect to the advisability of executing this Agreement and the meaning of the <br /> provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and <br /> not for or against any party based upon any attribution to such party as the source of the language in <br /> question. <br /> 23. No Third Partv Beneficiary. This Agreement is intended to benefit only the parties hereto and <br /> no other person or entity has or shall acquire any rights hereunder. <br /> 24. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, <br /> execute and deliver such further documents (in form and substance reasonably acceptable to the <br /> party to be charged) and do such other acts and things as are reasonably necessary and appropriate <br /> to effectuate the terms and conditions of this Agreement, without cost. <br /> 25. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall <br /> inure to the benefit of the successors and assigns of the parties to this Agreement. <br /> 26. Authority to Execute Agreement. Each undersigned represents and warrants that its <br /> signature herein below has the power, authority and right to bind their respective parties to each of the <br /> <br /> terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, <br /> Page 4 of 24 <br /> 25A-32 <br /> <br />