AgdaPkt 2000-03-27 - Laserfiche WebLink

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~ L'¡ ~ 9. General Provisions. 9.1 Attorneys' Fees. If any action, proceeding or arbitration is brought to enforce or interpret this Agreement, the prevailing party shall be entitled to recover all costs and expenses of the action, including reasonable attorneys' fees. 9.2 Construction. Headings in this Agreement are for convenience and reference use only, and are not part of this Agreement, and shall be of no legal force or effect. When the context so requires, words in the masculine, feminine or neuter gender shall include each other gender; and words in the singular or plural shall include each other. All Exhibits attached to this Agreement are incorporated into this Agreement by this reference. This Agreement is executed and delivered in the State of California, and shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 9.3 Entire Agreement. This Agreement and its Exhibits contains the entire agreement between the parties concerning the subject matter of this Agreement, and supersedes any and all other prior agreements, understandings or negotiations concerning such subject matter. 9.4 Mortgage Protection. No violation or breach of the covenants contained in this Agreement shall affect or impair the liens or rights of the holder of a First Mortgage (as hereinafter defined) given in good faith and for value which is now or in the future recorded against the Property; provided, however, that the purchaser at a foreclosure sale or other party taking title to the Property shall be bound by this Agreement and the covenants set forth herein from and after the date it acquires title to the Property. The term "First Mortgage" shall mean any duly recorded mortgage or âeed of trust encumbering the Property that has priority under the California recording statutes over all other mortgages or deeds of trust encumbering the same reaì property. 9.5 Time. Time is of the essence of this Agreement. All references to time in this Agreement shall refer to the time in effect in the State of California. 9.6 Counterparts. This Agreement may be executed in counterpartS, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 9.7 Waiver. Either party may specifically and expressly waive in writing any condition or breach of this Agreement by the other party, but no such waiver shall constitute a further or continuing waiver of any preceding or succeeding breach of the same or any other provision. Consent by one party to any act by the other or which such consent is required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or similar acts in the future. 9.8 Further Assurances. City and RSOA each agree to execute, acknowledge, deliver and record such other documents and instruments and to take such other actions as may be reasonably necessary to effect the provisions of this Agreement. 8 Easemenr-RSOA Feb. 11. :!OOO Draft from RSOA -T'---- ".