Agmt20 HCP, Met Life, SCOA - Laserfiche WebLink

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(k) If any provision of this Agreement is determined by a proper court to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the other provisions of this Agreement and this Agreement shall remain in full force and effect without such invalid, illegal or unenforceable provision; unless the result would be contrary to the Parties' material purposes of this Agreement. (1) No waiver of any provision of this Agreement or any breach of this Agreement shall be effective unless such waiver is in writing and signed by the waiving Party, and any such waiver shall not be deemed a waiver of any other provision of this Agreement or any other or subsequent breach of this Agreement. (m) Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City, unless specifically provided otherwise or the context requires otherwise. (n) The provisions of this Agreement and of the documents to be executed and delivered at Closing are and will be for the benefit of Seller, City and the New Levee CFD only and are not for the benefit of any other third party, and accordingly, no third party shall have the right to enforce the provisions of this Agreement or of the documents to be executed and delivered at Closing. [INTENTIONALLY LEFT BLANK] OAK #4819-4834-1908 v20 Exhibit C Page 19