Laserfiche WebLink
<br />against any party. All parties have equally participated in the preparation of this <br />Offer and Agreement. <br /> <br />9. Entire Offer and Agreement. This Offer and Agreement, together with <br />any exhibits, constitutes the entire agreement between the parties relating to the <br />subject matter of this Offer and Agreement. This Offer and Agreement can be <br />altered, amended or revoked only by an instrument in writing signed by the parties. <br />No representations whatsoever have been made relating to the subject matter of <br />this Offer and Agreement except as are expressly stated in writing in this Offer and <br />Agreement. <br /> <br />10. Waiver. No failure on the part of Flatirons or the City at any time to <br />require the performance by any other party of any term of this Offer and Agreement <br />in any way affects the rights of Flatirons or the City to enforce that term, nor is any <br />waiver by Flatirons or the City of any term of this Offer and Agreement a waiver of <br />either a breach or any other term of this Offer and Agreement. <br /> <br />11. Covenants and Restrictions. This Offer and Agreement shall impose <br />upon the Servient Tenement the herein set forth covenants and restrictions, which <br />shall rU.H vvith the land and shall be binding on the owners, the owner's heirs, <br />executors, administrators, successors, assigns, and transferees. <br /> <br />12. Time of the Essence. Time is of the essence in this Offer and <br />Agreement. <br /> <br />13. Non-Recourse. Flatirons' obligations hereunder are intended to be the <br />obligations of the limited partnership and of the corporations which are the <br />managing general partner and any other general partner thereof only, and no <br />recourse for the payment of any amount due under this Offer and Agreement or for <br />any claim based thereofl or otherwise in respect thereof, shall be had against any <br />limited partner of Flatirons or any incorporator, shareholder, officer, director or <br />affiliate, as such, past, present or future of such corporate managing general partner <br />or other general partner or of any corporate limited partner or of any successor <br />corporation to such corporate managing general partner or other general partner or <br />any corporate limited partner of Flatirons, or against any direct or indirect parent <br />corporation of such corporate managing general partner or other general partner or <br />of any limited partner of Flatirons or any other subsidiary or affiliate of any such <br />direct or indirect parent corporation or any incorporator, shareholder officer or <br />director, as such, past, present or future, of any such parent or other subsidiary or <br />affiliate, it being understood that Flatirons is a limited partnership formed for the <br />purpose of owning the Property and acting as lessor to Electronic Arts Redwood, <br />Inc., on the express understanding aforesaid. Nothing contained in this Section 13 <br />shall be construed to limit the exercise or enforcement, in accordance with the terms <br />of this Offer and Agreement and any other documents referred to herein, of rights <br />and remedies against the limited partnership or the corporate managing general <br />partner or any other general partner of Flatirons or the assets of the limited <br />partnership or the corporate managing general partner or any other general partner <br />of Flatirons. As used in this Section 13, "affiliate" means any other person <br />controlling, controlled by or under direct or indirect common control with such <br /> <br />-6- <br /> <br />PDEMTAG9.DOC <br />3/29/9911:52 AM <br />