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

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13.11 Assigriment. Buyer hereby reserves the right to assign this Agreement to its nominee. Buyer shall notify Seller of any such assignment at least 5 days prior to the Closing Date by delivery of notice in the manner otherwise required hereunder. 13.12 Attorney Fees. In the event either party hereto brings or commences legal proceedings to enforce any of the terms of this Agreement, the successful party shall then be entitled to receive from the other of said parties, in every such action commenced, a reasonable sum as attorneys' fees and costs, including all fees and costs incurred upon any appeals, to be fixed by the court in the same action. 13.13 Pefault. Neither party shall declare the other party in default of this Agreement unless the non -defaulting party has given the defaulting party written notice of the default, and the non -defaulting part has not cured the default within 10 days after receipt of written notice of same. 13.14 No Presumption A,ga'nst Drafter. This Agreement is an agreement between parties l who are experienced in sophisticated and complex matters similar to the transaction contemplated under this Agreement, is entered into by both parties in reliance upon the economic and legal bargains contained herein and therein, and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Buyer and Seller were each given opportunity to consult with independent legal counsel of such party's choice competent in advising them of their obligations and liabilities hereunder. 13.15 No Offer. The submission of a draft of this Agreement or a summary of some or all of its provisions does not constitute an offer to purchase the Property. Neither Buyer nor Seller shall be legally obligated with respect to a purchase of the Property unless and until this Agreement has been executed by both Buyer and Seller and fully executed copies have been delivered to each party. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [Signature Page Follows] 17 S: