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(DRAFT-FOR DISCUSSION PURPOSES ONLY) <br /> of ariy funds already.provided to it by the Company. If,however,the Establishment is <br /> relocated out of the Town prior to the second anniversary of the date of this Agreement, <br /> the Company shall pay the Town as liquidated damages an amount equal to ten thousand <br /> 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 lie, in the courts of Barnstable <br /> County <br /> 17. A-mendments/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 <br /> the original Agreement,prior to the effective date of the amendment. <br /> IS. Severability.. <br /> If any term or condition of the Agreement of 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 enforceabffity of the remaining terms.and conditions.of this Agreement shall <br /> not be deemed affected thereby'unless one or boli parties would be substantially or <br /> materially prejudiced. Further,the Company agrees it will not challenge, in any <br /> jurisdiction,the enforceability of any provision included in this Agreement; and to the <br /> extent tyre,validity of this Agreexii6nt-is challenged by the Company in a court of <br /> competent jurisdiction,the Company shall pay for all reasonable fees and costs incurred <br /> by the Town in enforcing this Agreement. <br /> 19. SiiccessorslAssi -ins:. <br /> This Agreement is binding upon the parties hereto,their successors, assigns and legal <br /> representatives. The Company shall not assign, sublet, or otherwise transfer its rights nor <br /> delegate its obligations under this Agreement, in whole or in part,without the prior <br /> written consent from the Town, and shall not assign any of the monies payable under this <br /> Agreement, except by and with the written consent of the Town and shall not assign or <br /> obligate any of the monies payable under this Agreement, except by and with the written <br /> consent of the Town. <br /> 20. Headings. <br /> The article, section, and paragraph headings in this Agreement are for convenience of <br /> reference only, and shall in no way affect,modify, define or be used in interpreting the <br /> text of this Agreement. <br /> 8 <br />