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15' Failure to Locate and/or Relocation <br /> ThisAQne�nnentshaUbenuUondvoidin�heeventthattheConnpanyshoU (i\ not |ncabeoRetai| <br />� ` ' <br /> Marijuana Establishment in the Town, in which case, the Company shall reimburse the Town <br /> for its |egal fees associated with the negotiation of this Agreement, or (ii) relocate the <br /> Establishment out ofthe Town. |nthe case ofrelocation out ofTown, anadjustment offunds <br /> due to the Town hereunder shall be calculated based upon the period of operation within the <br /> Town, but in no event shall the Town be responsible for the return ofany funds already <br /> provided to it by the Company. If, however, the Establishment is relocated out ofthe Town <br /> prior tothe second anniversary ofthe date ufthis Agreement,the Company shall pay the Town <br /> as liquidated damages an amount equal to ten thousand dollars ($10,000) in consideration of <br /> the expenditure of resources bythe Town in negotiating this agreement and preparing for <br /> \rnpoots, <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. Amend mmentm/\0aiver <br /> Amendments, or waivers of any term, condition, covenant, duty or obligation contained in this <br /> Agreement may be made only by written amendment executed by all signatories to the original <br /> Agreement, prior tothe effective date ofthe amendment. <br /> 18. Severability <br /> If any term or condition of the Agreement or any application thereof shall to any extent be held <br /> invalid, illegal or unenforceable by the court ofcompetent jurisdiction, the validity, legality, <br /> and enforceability of the remaining terms and conditions of this Agreement shall not be <br /> 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 this <br /> Agreement is challenged by the Company in a court ofcompetent jurisdiction, the Company <br /> shall pay for all reasonable fees and costs incurred by the Town in enforcing this Agreement. <br /> 19. Succammors/4esigns <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 rights nor delegate <br /> its obligations under this Agreement, in whole or in part, without the prior written consent <br /> from the Town, and shall not assign any of the monies payable under this Agreement, except <br /> by and with the written consent of the Town and shall not assign or obligate any of the monies <br /> payable under this Agreement, except by and with the written consent ofthe Town. <br /> 7 <br />