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2012-044
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2012-044
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Last modified
12/16/2015 10:30:10 AM
Creation date
10/1/2015 4:12:23 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/06/2012
Control Number
2012-044
Agenda Item Number
12.J.3
Entity Name
INEOS New Planet Bioenergy LLC
Subject
Reclaimed Water Delivery Agreement
Archived Roll/Disk#
112-R-0001
Supplemental fields
SmeadsoftID
10993
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Captions , if included, in this Agreement are included for convenience only and are not to <br /> be <br /> considered in any construction or interpretation of this Agreement or any of its provisions . <br /> 19 . Definition : <br /> All pronouns shall be deemed to refer to the masculine , feminine, or neuter, singular or plural , as <br /> the identity of the party or parties may require . <br /> 20 . Entire Agreement : <br /> This Agreement embodies the entire agreement between the parties relative to the subject matter <br /> hereof, and there are no oral or written agreements between the parties , nor any representations made by <br /> either party relative to the subject matter hereof, which are not expressly set forth herein . <br /> 21 . Governing Law & Jurisdiction : <br /> This Agreement shall be governed by the laws of the State of Florida and the laws of the United <br /> States pertaining to transactions in such State and all actions arising out of this Agreement <br /> shall be <br /> brought in Indian River County . All of the parties to this agreement have participated freely <br /> in the <br /> negotiation and preparation hereof, accordingly , this Agreement shall not be more strictly construed <br /> against any one of the parties hereto . <br /> 22 . Multiple Counterparts : <br /> This Agreement may be executed in a number of identical counterparts which , taken together, <br /> shall constitute collectively one ( 1 ) agreement ; but in making proof of this Agreement, it shall <br /> not be <br /> necessary to produce or account for more than one such counterpart executed by the party to be charged . <br /> 23 . Recording of Agreement : <br /> The Agreement shall be recorded in the public records of Indian River County . The obligations <br /> defined in this Agreement shall be a condition , which shall run with the land and shall bind subsequent <br /> owners of the Property for the term of this Agreement . <br /> 24 . Severability / Invalid Provision : <br /> If any provision of the Agreement is held to be illegal , invalid or unenforceable under present or <br /> future laws , such provision shall be fully severable ; this Agreement shall be construed and enforced as if <br /> such illegal , invalid or unenforceable provision had never comprised a part of this Agreement, and the <br /> remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by <br /> such illegal , invalid , or unenforceable provision or by its severance from this Agreement. <br /> 25 . Time of Essence : <br /> Time is of the essence of this Agreement ; however, if the final date of any period which is set out <br /> in any provision of this Agreement falls on a Saturday , Sunday or legal holiday under the laws <br /> of the <br /> United States or the State of Florida, then , in such event, the time of such period shall be extended to the <br /> next day which is not a Saturday , Sunday or legal holiday . <br /> Page 6 of 10 <br /> WPBDOCS 7977917 10 <br />
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