Resolution 6673 - Laserfiche WebLink

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provide written assurances of curing} City's ob}ections within thirty (30) days from the date of City's written objections, City shall; by written notice to Sysco, either: A. terminate this Agreement, in which event this Agreement shall become terminated and neither party shall be liable for damages hereunder to the other party; or B. select to accept title in its existing condition, in which event the quit claim deed to be deliver at Closing Date shall except such objections (except as for Sysco's written assurances to cure title oljections). ARTICLE V 1VIISCELLANEOLJS PROVISIONS 5.01. City discloses that there is not an individual sewage treatment system on or servicing the Sysco Division parcel. 5.02. City certifies that it does not know of any wells on the Sysco Division parcel. 5.0~. Except as may be otherwise provided elsewhere herein, no right or remedy herein conferred on or reserved to any parry is intended to be exclusive of any other right or remedy provided herein or by law, but such rights and remedies shall be cumulative and in addition. to every other right or remedy given herein or elsewhere or hereafter existing at law in equity or by statute. Either party may enforce this Agreement by an action to compel specific performance, provided that such action is brought within one year of the date of this Agreement. .5.04. Each party represents and warrants to the other party that there is no broker involved in this transaction with whom the warranting party has negotiated or to whom the warranting party has agreed to pay a broker commission. Each party agrees to indemnify the other party for any and all claims for brokerage commissions or finders' fees. S.OS. The representations and warranties made in this Agreement, and all other provisions of this Agreement; shall not be merged into any instruments or conveyance delivered at Closing, and the parties shall be bound accordingly. 5.06. This Agreement constitutes the entire agreement bet«reen the parties as to the actions and transactions contemplated herein, and no other agreement prior to this Agreement or contemporaneous herewith shall be effective except as expressly set further or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in vrriting and executed by the parties or their respective successors or assigns. 5.07. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Neither party may assign this Agreement without the ~~~ritten consent of the other party. 5.08. Any notice, demand, request or other communication ~~rhich may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid: delivered by a NKL--268»9v$ MU20j-35 •