04/08/2019 SELECT BOARD Minutes - Laserfiche WebLink

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approval to charge a local excise tax on revenue relating to the sale of marijuana for medical use or marijuana. (c) NDOM may terminate this Agreement immediately upon the occurrence of any of the following events with regard to 14BSC (i)the making of a general assignment for the benefit of creditors; (ii)the filing of a voluntary petition or the commencement of any proceeding by either party for any relief under any bankruptcy or insolvency laws, or any laws relating to the relief of debtors, readjustment of indebtedness,reorganization, composition or extension; or(iii)the filing of any involuntary petition or the commencement of any proceeding by or against either party for any relief under any bankruptcy or insolvency laws, or any laws relating to the relief of debtors,readjustment of indebtedness,reorganization, composition or extension, which such petition or proceeding is not dismissed within ninety(90) days of the date on which it is filed or commenced. 6. Notices. Any notices to be given hereunder by either party to the other shall be deemed to be received by the intended recipient(a) when delivered personally, (b)the day following delivery to a nationally recognized overnight courier service with proof of delivery, or(c)three (3) days after mailing by certified mail postage prepaid with return receipt requested.Notice to MMM shall be delivered to the following address: Medical Marijuana of Massachusetts, Inc., Attn: President, 9 Collins Avenue, PO Box 1650, Plymouth, MA 02362.Notice to Mashpee shall be delivered to the following address: Rodney Collins, Mashpee Town Manager,Mashpee Town Hall, 16 Great Neck Road North,MA 02649. 7. Entire,_A ,reeent. This Agreement(including Appendix A) supersedes any and all other agreements,either oral or in writing,between the parties hereto with respect to the subject matter of this Agreement. This Agreement(including Appendix A) may not be changed verbally, and may only be amended by an agreement in writing signed by both parties. 8. No Ri hts,,,,in Third Parties. This Agreement is not intended to,nor shall it be construed to, create any rights in any third parties. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. 10. Severability. If any provision of this Agreement shall be held.by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect, unless to do so would result in either party not receiving the benefit of its bargain. 11. Intetpretation of S ;ntax. All references made and pronouns used herein shall be construed in the singular or plural, and in such gender, as the sense and circumstances require. 12. Success,o„rs. This Agreement shall be binding upon and shall inure to the benefit of the Parties,their respective heirs, executors, administrators and assigns.