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Agenda - Council Work Session - 03/29/2011
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Agenda - Council Work Session - 03/29/2011
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3/18/2025 1:59:54 PM
Creation date
3/24/2011 11:13:20 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
03/29/2011
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appropriate injunctive relief upon breach of any of the terms, covenants and conditions of <br />this Agreement. <br />13. Reasonable Construction. The rule of strict construction does not apply to <br />this Agreement. This Agreement shall be given a reasonable construction so that the <br />intention of the parties is carried out. <br />14. Amendments. The parties hereto acknowledge and agree that this <br />Agreement shall not be modified or amended without the written approval of each of the <br />parties or their successors or assigns. If an Owner at any time purchases the other <br />Owner's Property, the purchasing Owner may unilaterally terminate this Agreement. <br />15. Termination of Covenant or Liability, Term. Whenever a transfer of <br />ownership of either the Holiday Property or the Top Ten Property occurs, liability of the <br />transferor for breach of any covenants occurring thereafter automatically terminates; <br />provided, however, such transferor shall remain liable for any sums of money or obligations <br />incurred prior to such transfer. This Cross Easement Agreement may be terminated by <br />either party by thirty (30) days notice to the other party. <br />16. Counterparts; Facsimiles. This Agreement may be executed in any <br />number of counterparts. All of the signatures to this Agreement taken together shall <br />constitute one and the same agreement, and any of the parties hereto may execute this <br />Agreement by signing any such counterpart. Facsimile signatures on this Agreement shall <br />be treated as originals until the actual original signatures are obtained. <br />IN AGREEMENT, the parties have executed this Cross Easement Agreement as of <br />the date and year first above written. <br />HOLIDAY STATIONSTORES, INC. TOP TEN CENTER, LLC <br />By By <br />Title Title <br />EasementAgreement3 <br />4 <br />
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