Agenda - Council - 09/26/2023 - Laserfiche WebLink

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shall automatically be deemed to have accepted, assumed and agreed to observe or perform all such covenants or provisions after the date of such transfer. 8.16. Definition of Certain Terms. As used in this Agreement, the term "Person" means a corporation, association, partnership, limited liability company, trust, estate, governmental agency or other entity, as well as an individual or natural person, unless the context otherwise requires, the term "Permittee" means the respective employees, agents, customers, contractors, licensees, guests and invitees of Aldi and City, and the term "Party" means Aldi or City individually (or "Parties" shall mean Aldi and City collectively) and their respective successors and assigns. The term "business day" when used herein shall mean a weekday, Monday through Friday, except a legal holiday or a day on which banking institutions in the State of Texas are authorized by law to be closed. 8.17. Estoppel Certificate. Within 20 days after receipt of a written request therefor, either Party shall deliver to the other a written statement acknowledging that this Agreement is in full force and effect (if the same be true), that this Agreement has not been modified (or if it has, stating such modifications), whether or not the requesting Party is in default, and providing any other pertinent information that the requesting Party might reasonably request with respect to the status of this Agreement or the Overall Parcel. 8.18. Index of Exhibits. The following exhibits attached to this Agreement are hereby incorporated herein: Exhibit A— Site Plan Exhibit B — Aldi Property Legal Description Exhibit C — City Property Legal Description Exhibit D — Use Restrictions IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives, to be effective as of the date first above written. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] [Signature and Acknowledgment Pages Follow] 11