Laserfiche WebLink
14. Term and Termination <br /> This Agreement shall take effect on the day above written, subject to the contingencies noted <br /> herein. This Agreement shall continue in effect for so long as the Company operates the <br /> Establishment or any similar Marijuana Establishment within the Town, or five (5) years from <br /> the date of this Agreement, whichever is earlier. At the conclusion of the term of this <br /> Agreement, the parties shall reasonably renegotiate a new Host Community Agreement in <br /> accordance with the then current prevailing regulations and laws, as such regulations and <br /> laws may be amended or replaced. In the event the Company no longer does business in the <br /> Town or in any other way loses or has its License revoked by the Commonwealth, this <br /> Agreement shall become null and void; however, the Company will be responsible for the <br /> prorated portion of the Annual Payment due as under section 2 above. The Town may <br /> terminate this Agreement at any time. <br /> 15. Failure to Locate and/or Relocation <br /> This Agreement shall be null and void in the event that the Company shall (i) not locate a <br /> Marijuana Cultivation or Product Manufacturing Establishment in the Town, in which case, <br /> the Company shall reimburse the Town for its legal fees associated with the negotiation of <br /> this Agreement, or (ii) relocate the Establishment out of the Town. In the case of relocation <br /> out of Town, an adjustment of funds due to the Town hereunder shall be calculated based <br /> upon the period of operation within the Town, but in no event shall the Town be responsible <br /> for the return of any funds already provided to it by the Company. If, however, the <br /> Establishment is relocated out of the Town prior to the second anniversary of the date of this <br /> Agreement, the Company shall pay the Town as liquidated damages an amount equal to ten <br /> thousand dollars ($10,000) in consideration of the expenditure of resources by the Town in <br /> negotiating this agreement and preparing for impacts. <br /> 16. Governing Law <br /> This Agreement shall be governed in accordance with the laws of the Commonwealth of <br /> Massachusetts and venue for any dispute hereunder shall be in the courts of Barnstable <br /> County. <br /> 17. Amendments waiver <br /> Amendments, or waivers of any term, condition, covenant, duty or obligation contained in <br /> this Agreement may be made only by written amendment executed by all signatories to the <br /> original Agreement, prior to the effective date of the amendment. <br /> 18, Severability <br /> If any term or condition of the Agreement or any application thereof shall to any extent be <br /> held invalid, illegal or unenforceable by the court of competent jurisdiction, the validity, <br /> legality, and enforceability of the remaining terms and conditions of this Agreement shall not <br /> be deemed affected thereby unless one or both parties would be substantially or materially <br /> prejudiced. Further, the Company agrees it will not challenge, in any jurisdiction, the <br /> enforceability of any provision included in this Agreement; and to the extent the validity of <br /> this Agreement is challenged by the Company in a court of competent jurisdiction, the <br /> Company shall pay for all reasonable fees and costs incurred by the Town in enforcing this <br /> Agreement. <br /> 8 <br />