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2022-134
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2022-134
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Last modified
8/5/2022 12:12:39 PM
Creation date
8/5/2022 11:59:51 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Second Amendment
Approved Date
07/12/2022
Control Number
2022-134
Agenda Item Number
11.A.
Entity Name
Verotown, LLC
Subject
Second Amendment to the Amended and Restated Facility Lease Agreement
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Amendment Work.. As such, Verotown is hereby authorized to independently determine <br />the selection of any contractors, subcontractors, materialmen and/or agents to perform the <br />Second Amendment Work. <br />10. Effect of Second Amendment. Except as specifically amended by this Second Amendment, <br />the Agreement shall remain in full force and effect and as modified hereby, the Agreement <br />is ratified and confirmed in all respects. If any of the provisions of this Second Amendment, <br />or the application thereof to any person or circumstance, shall, to any extent, be invalid or <br />unenforceable, the remainder of this Second Amendment or the circumstances other than <br />those as to whom or which it is held invalid or unenforceable shall not be affected thereby, <br />and every provision of this Second Amendment shall be valid and enforceable to the fullest <br />extent permitted by law. In the event of any conflict between the terms of this Second <br />Amendment and the terms of the Agreement, this Second Amendment shall control. <br />11. Counterparts. This Second Amendment may be executed in two or more counterparts, and, <br />when so executed, will have the same force and effect as though all signatures appeared on <br />a single document. Any signature pages of this Second Amendment may be detached from <br />any counterpart without impairing the legal effect of any signature thereon and may be <br />attached to another counterpart identical in form thereto but having attached to it one or <br />more additional signature pages. Electronically transmitted signatures shall be deemed <br />original signatures. <br />12. Further Assurances. The County and Verotown shall do and perform, or cause to be done <br />and performed, any and all such further acts and things, and shall execute and deliver all <br />such other agreements, certificates, instruments and documents, as the other party may <br />reasonably request in order to carry out the intent and accomplish the purposes of the <br />Agreement and this Second Amendment. <br />13. Construction: Assignment of Construction Warranties. The County and Verotown hereby <br />agree to utilize commercially reasonable efforts to complete all construction described in <br />the Agreement and this Second Amendment. Further, the County and Verotown hereby <br />agree to hold any and all warranties for construction described in the Agreement and this <br />Second Amendment jointly and severally. <br />14. Captions and Headings. The captions and headings in this Second Amendment are for <br />reference only and shall not be deemed to define or limit the scope or intent of any terms, <br />covenants, conditions or agreements contained herein. <br />[Remainder of Page Intentionally Left Blank] <br />5 <br />
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