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Agenda - Council - 09/28/2004
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Agenda - Council - 09/28/2004
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
09/28/2004
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21. ADDITIONAL TERMS. <br /> <br />If any part of this agreement or any part or any provision thereof shall be <br />adjudicated to be void or invalid, then the remaining provisions hereof not <br />specifically so adjudicated to be invalid shall be executed without reference <br />to the part or portion so adjudicated, insofar as such remaining provisions are <br />capable of execution. <br /> <br />The headings of the paragraph and subparagraphs of this agreement are for <br />convenience and reference only, and do not form a part hereof and in no way <br />interpret or construe such paragraphs and subparagraphs. <br /> <br />Words of pronoun shall be interchangeable with respect to gender and <br />singular or plural as the context of application requires. If two or more <br />parties are referred to collectively under designation, the liability of each <br />shall be joint and several. <br /> <br />Each of the parties shall execute any and all instructions, releases, <br />assignments and consents which may be reasonably required in order to carry <br />out the provisions of this agreement. <br /> <br />This Agreement may be executed in any number of counterparts, each of <br />which shall be deemed to be an original, but all of which shall constitute one <br />and the same instrument. <br /> <br />Nothing herein shall be construed in such a manner so as to constitute one <br />party to be an agent or representative of the other and neither shall not hold <br />itself out as such. <br /> <br />Neither party shall make any warranty or representation, or incnr any <br />obligation, liability or indebtedness on behalf of the other. <br /> <br /> 22. REMOVAL OF STRUCTURE. SELLER reserves the right to remove the metal <br />structure (thc "Structure") on the Property. In the event SELLER elects to remove the Structure, <br />thc removal shall be done entirely at SELLER'S expense and shall be completed no later than Date <br />o[' Closing. In the event SELLER elects to remove the Structure, he shall so notify BUYER of his <br />intention in writing no later than October 31, 2004. <br /> <br /> 23. I,EASEBACK BY SELLER. BUYER agrees to leaseback the Property to <br />SELLER commencing on the Date of Closing for a term of ninety days from the Date of Closing. <br />Seller agrees to pay as rent for the Property $1000.00 per month in advance, commencing on the <br />Date of Closing and a like sum each 30 days thereafter during the lease term. The Parties agree to <br />negotiate in good faith the necessary additional terms and enter into a written lease. <br /> <br /> 24. CONTINGENCY. This Agreement is contingent on Buyer's City Council's formal <br />approval on or before September 30, 2004. In the event said City Council approval is not granted <br /> <br />9 <br /> <br /> <br />
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