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11-28-2007 Council Agenda
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11-28-2007 Council Agenda
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ARTICLE III <br />GENERAL PROVISIONS <br />3.1 Enforcement. Painters and Heritage, or either of them, shall have the right to <br />enforce by any proceeding, at law or in equity, all covenants, conditions and restrictions imposed <br />by the provisions of this Agreement. Failure by either party or their successors or assigns to <br />enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the <br />right to do so thereafter. In any action to enforce the provisions of this Agreement, the <br />prevailing party shall be entitled to its costs, disbursements and reasonable attorney's fees. <br />3.2 Severability. Invalidation of any one of these covenants or restrictions by <br />judgment or court order shall in no way affect any other provisions, all of which shall remain in <br />full force and effect. <br />3.3 Amendment. This Agreement may be amended only by an instrument signed by <br />the owners and mortgagees of both the Painters Lot and the Heritage Lot. Each amendment must <br />be recorded to be effective. <br />IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of <br />the day and year first above written. <br />INTERNATIONAL UNION OF PAINTERS <br />AND ALLIED TRADES DISTRICT COUNCIL 82 <br />BUILDING CORPORATION, INC. <br />By �Y-�r.�,�— <br />Mi el Gavanda, Presdient <br />
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