2003-135 Council Resolution - Laserfiche WebLink

Home Search

17. THIRD PARTY BENEFICIARIES. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their assigns, executors, heirs, personal representatives and successors, any rights or remedies under or by reason of this Agreement. 18. CUMULATIVE RIGHTS. Except as may be specifically limited herein, no remedy or right herein conferred upon or reserved to any party hereto is intended to be exclusive of any other remedy or right herein or by law provided, but each shall be cumulative and in addition to every other remedy or right given herein or not or hereafter existing at law or in equity or by statute. 19. ATTORNEY'S FEES. It is expressly agreed and understood that City and Buyer each shall be entirely responsible for the payment of any attorney's fees incurred by each party relating to the legal services furnished to such party in connection with the transactions contemplated herein; provided, however, that in the event that either party hereto should employ the services of an attorney in connection with a breach of this Agreement or the enforcement of the terms hereof, the defaulting or losing party shall pay, in addition to any other sums due hereunder, the prevailing party's reasonable attorneys' costs and fees. 20. NOT PARTNERSHIP OR JOINT VENTURE. City and Buyer agree that this Agreement is not intended to be nor shall it be construed as a joint venture or partnership between City and Buyer. City and Buyer agree that the only purpose of this Agreement is to establish a seller and buyer relationship. This Agreement is nothing more than an agreement on the part of City granting to Buyer the right and obligation to purchase the Property under the conditions herein set forth. Buyer and City intend that the relationship between them shall be solely that of Buyer and Seller. Nothing contained in this Agreement, or in any other document or instrument made in connection with this transaction, shall be deemed or construed to create a partnership, tenancy-in-common, joint tenancy, joint venture, other common enterprise or co-ownership by or between Buyer and City. 21. INVALID PROVISIONS. The parties hereto intend and believe that each provision of this Agreement comports with all applicable local, state and federal laws, judicial decisions and public policy; provided, however, if any provision or provisions, or if any portion of any provision or provisions, in this Agreement is found by a court of law to be in violation of any applicable local, state or federal laws, judicial decisions or public policy, and if such court should declare a portion, provision or provisions of this Agreement to be illegal, invalid, unlawful, void or unenforceable as written, then it is the intent of all parties hereto that such portion, provision or provisions shall be given force to the fullest possible extent that they are legal, valid and enforceable, that the remainder of this Agreement shall be construed as if such illegal, invalid, unlawful, void or unenforceable portion, provision or provisions were not contained therein, and that the rights, obligations and interest of the parties hereto under the remainder of this Agreement shall continue in full force and effect.