HPT CW PROPERTIES TRUST-2010 - Laserfiche WebLink

Home Browse Search

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