2018-178A (2) - Laserfiche WebLink

Home Browse Search

hereunder without such written consent shall be deemed void and without any effect. Any permitted assignee shall take such assignment subject to all terms and conditions referenced herein, including, but not limited to, the AS -IS provisions of this Agreement. 26. INTERPRETATION. For all purposes of this Agreement, except as otherwise expressly provided, or unless the context otherwise requires: (a) This Agreement and all questions of interpretation, construction, and enforcement, and all controversies arising hereunder, shall be governed by and adjudicated in accordance with the internal laws of the State of Florida. Venue shall be in Indian River County, Florida. (b) The captions, headings, and section numbers appearing in this Agreement are inserted as a convenience only and in no way define, limit, construe, or describe the scope or intent of such sections nor shall in any way effect the interpretation hereof. (c) The phrase "this Agreement" means this Agreement as it may be amended and/or supplemented from time to time. (d) Wherever the words "includes" or "including" as used in this Agreement, the same shall not be construed to restrict or limit any of the language, terms, or definitions used in association therewith. (e) Any reference in this Agreement to an entity shall include and shall be deemed to be a reference to any entity that is a successor to such entity. (f) The words "Deposit", "Land", "Improvements", "Realty", "Property", "Submittals", and "Personalty" shall be interpreted to include any and all respective portions thereof. (g) Whenever this Agreement requires that something be done within a period of days, such period shall: (i) not include the day from which such period commences; (ii) include the day upon which such period expires; (iii) expire at 5:00 p.m. local time on the date by Which such thing is to be done; (iv) if six (6) days or more, be construed to mean calendar days unless specified otherwise; provided that if the final day of such period falls on a Saturday, Sunday or legal holiday in the state where such thing is to be done, such period shall be extended to the first business day thereafter; and (v) if less than six (6) days, be construed to exclude any Saturday, Sunday, or legal holiday in the state where such thing is to be done which falls within such period, Time being of the essence. (h) Wherever in this Agreement, the consent of either party to or of any act by the other is required, such consent shall not be unreasonably withheld or delayed, except as otherwise indicated, if at all. The consent by either party to or of any act by the other requiring further consent shall not be deemed to waive or render unnecessary the consent of such party to any subsequent similar act. (i) This Agreement may be executed in several counterparts, each of which, for all purposes, shall be deemed to constitute an original and all of which counterparts, when taken Page 9 of 15 Buyer's Initials Seller's Initials