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SA 2017-001
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SA 2017-001
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1/3/2018 9:30:24 AM
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EXHIBIT A TO EXHIBIT 4 <br />contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other. <br />Except as otherwise specified herein, either party hereto may pursue any one or more of its rights, <br />options or remedies hereunder or may seek damages or specific performance in the event of the other <br />party's breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in <br />this Agreement. <br />(f) Coo eration. Buyer and Seller agree to execute such instruments and <br />documents and to diligently undertake such actions as may be required in order to consummate the <br />purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing <br />in accordance with the provisions hereof and, following Closing. It is not contemplated by Buyer or <br />Seller that DOF will determine that DOF requires time to review this Agreement; however, in the event <br />DOF determines that it requires time to review the Agreement, Buyer and Seller will not <br />unreasonably withhold their consent to the extension of dates set forth in this Agreement to <br />accommodate such review by DOF. <br />(g) Remedies. Without limitation as to the availability of other remedies, this <br />Agreement may be enforced by an action for specific enforcement. <br />(h) Time. Time is of the essence of every provision herein contained. In the <br />computation of any period of time provided for in this Agreement or by law, the day of the act or event <br />from which said period of time runs shall be excluded, and the last day of such period shall be included, <br />unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed to run until <br />5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as otherwise expressly <br />provided herein, all time periods expiring on a specified date or period herein shall be deemed to expire <br />at 5:00 p.m. on such specified date or period. "Day" means a calendar day unless otherwise expressly <br />set forth. <br />(i) Counterparts; Electronic Signatures, This Agreement may be executed in <br />multiple counterparts, each of which shall be deemed an original, but all of which, together, shall <br />constitute but one and the same instrument. A signature by facsimile or as an attachment to electronic <br />mail in "Portable Document Format" (PDF), or "Tagged Image File Format" (TIFF) shall be deemed <br />an original signature. <br />0) Captions. Any captions to, or headings of, the sections or subsections of this <br />Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and <br />shall not be used for the interpretation or determination of the validity of this Agreement or any <br />provision hereof. <br />(k) Obligations to Third Parties. City shall be deemed to be a third party <br />beneficiary of this Agreement. Excepting only for the City, the execution and delivery of this <br />Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this <br />Agreement to, any person or entity other than the partieshereto. <br />(1) Amendment to this Agreement. The terms of this Agreement may not be <br />modified or amended except by an instrument in writing executed by each of the parties hereto. <br />(m) Waiver. The waiver or failure to enforce any provision of this Agreement shall <br />not operate as a waiver of any future breach of any such provision or any other provision hereof. <br />19 <br />
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