Agmt19 Kiwanis Club License Farmers Market

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REV: 03-02-23 JB 2. Ratification. Except as amended by this Amendment, the Agreement remains unmodified and in full force and effect in accordance with its terms. 3. Entire Agreement. The Agreement, as amended by this Amendment, contains the entire and final agreement between the Parties and supersedes all other agreements, oral or otherwise, regarding the subject matter hereof. 4. Miscellaneous. This Amendment may be executed in counterparts, each of which shall, irrespective of the date of its execution and delivery, be deemed an original, and the counterparts together shall constitute one and the same instrument. This Amendment shall be deemed to be jointly prepared the parties and any ambiguities or uncertainties herein shall be construed neither for nor against either of the parties. The words “including” and “included,” shall be interpreted as though followed by the words “without limitation.” The invalidity of any provision of this Amendment as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. The individual executing this Amendment on behalf of Licensee has full power and authority to execute and deliver the Amendment on behalf of Licensee. 5. Electronic Signatures. If both Licensee and City agree, electronic signatures may be used in place of original signatures on this Amendment No. 2. Licensee and City intend to be bound by the signatures on the electronic document, are aware that the other Parties will rely on the electronic signatures, and hereby waive any defenses to the enforcement of the terms of this Amendment No. 2 based on the use of an electronic signature. After Licensee and City agree to the use of electronic signatures, Licensee and City must sign the document electronically. [Signature page follows] ATTY/AGR.2023/Amend. No.2/Kiwanis Club (Farmers Market) (Page 2 of 3)