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2001-071
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2001-071
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Last modified
2/7/2017 12:04:14 PM
Creation date
9/30/2015 5:11:19 PM
Metadata
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Template:
Resolutions
Resolution Number
2001-071
Approved Date
08/07/2001
Resolution Type
Agreement
Entity Name
Dodgertown
Subject
Collateral development agreement
Declaration of Easements parking
Area
Dodgertown
Archived Roll/Disk#
2745
Supplemental fields
SmeadsoftID
2583
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Years, unless an instrument terminating this Agreement has been executed by the parties hereto <br /> (or their respective successors or assigns, as the case may be) and recorded. <br /> (B) Contract Year: For purposes of this Agreement, a "Contract Year" means a twelve- <br /> month period commencing on May 1 of any calenaar year of the Term hereof and ending on April <br /> 30 of the following calendar year; provided, however, that the first Contract Year shall commence <br /> as of the Effective Date and shall end on April 30, 2002. <br /> Section 13. Estoppel Certificates <br /> At any time, within fifteen (15) days after a request by either party, the other party shall <br /> certify in writing to the requesting party, or any 'person specified by the requesting party, (1) <br /> whether this Agreement is unmodified and in full :orce and effect (or if it has been modified, that <br /> the same is in full force and effect as modified and setting forth such modification); (2) whether <br /> to the best of the other party's knowledge, the requesting party is in default under this Agreement <br /> (and if there are known defaults, specifying with reasonable detail the nature thereof); and (3) <br /> any other information which the requesting party may reasonably request to be confirmed. <br /> Section 14. Constructive Notice and Acceptance <br /> Every person who owns, occupies, or acquires any right, title, estate, or interest in or to <br /> the Baseball Facilities or the Adjacent Land shall be conclusively deemed to have consented and <br /> agreed to every limitation, restriction, easement, reservation, condition, and covenant contained <br /> herein, whether or not any reference hereto is contained in the instrument by which such person <br /> acquired an interest in such property. <br /> Section 15. Nature of Relationship <br /> (A) No Partnership: This Agreement does not and shall not be construed as creating a <br /> partnership,joint venture, or employment relationship between the parties, and nothing contained <br /> herein shall cause or be construed as causing either party to be the employee, agent, or <br /> representative of the other. <br /> (B) No Warranties: Neither party shall make any warranties and/or representations, <br /> or incur any obligations whatsoever, on behalf of or in the name of the other party. <br /> Section 16. Representations and Warranties by the Parties <br /> Each party to this Agreement represents and warrants to the other as follows: <br /> (A) Each party has the power to execute, deliver, and perform this Agreement in <br /> accordance with its terms; <br /> (B) Each party's execution, delivery, and performance of this Agreement, and the <br /> consummation of the transactions contemplated herein, have been duly authorized by all <br /> requisite corporate action on the part of said party, have received all required governmental <br /> Page 12 of 19 <br /> 726colla.doc <br />
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