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11/04/2019 BOARD OF SELECTMEN Agenda Packet
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11/04/2019 BOARD OF SELECTMEN Agenda Packet
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11/21/2019 9:27:38 AM
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Mashpee_Meeting Documents
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BOARD OF SELECTMEN
Meeting Document Type
Agenda Packet
Meeting Date
11/04/2019
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17. Amendments/Waiver <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 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 held invalid, <br /> illegal or unenforceable by the court or administrative body of competent jurisdiction, the validity, <br /> legality, 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 prejudiced. <br /> Further, the Company agrees it will not challenge, in any jurisdiction, the enforceability of any <br /> provision included in this Agreement; and to the extent the validity of this Agreement is challenged <br /> by the Company in a court of competent jurisdiction,_the Company shall pay for all reasonable fees <br /> and costs incurred by the Town in enforcing this Agreement. <br /> 19. Successors/Assigns <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 its <br /> obligations under this Agreement, in whole or in part, without the prior written consent from the <br /> Town, and shall not assign any of the monies payable under this Agreement, except by and with the <br /> written consent of the Town and shall not assign or obligate any of the monies payable under this <br /> Agreement, except by and with the wr-itten consent of the Town. <br /> 20. Headings <br /> The article, section and paragraph headings in this Agreement are for convenience of reference only, <br /> and shall in no way affe-ct, mod-ify, define or be used in interpreting the text of this Agreement. <br /> 21. Counterparts <br /> This Agreement may be signed in any number of counterparts all of which taken together, each- of <br /> which is an original, and all of which shall constitute one and the same instrument, and any party <br /> hereto may execute this Agreement by signing one or more counterparts. <br /> 22. Signatures <br /> Facsimile signatures affixed to this Agreement shall have the same weight and authority as an original signature. <br /> 22. Entire Agreement <br /> This Agreement constitutes the entire integrated agreement between the parties with respect to <br /> the matters described. This Agreement supersedes all prior agreements, negotiations and <br /> representations, either written or oral, and it shall not be modified or amended except by a written <br /> document executed by the parties hereto. <br /> 8 <br />
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