Item 2E - Metro Plan Amendment - Laserfiche WebLink

Home Browse Search

Execution Draft appeal from a judgment entered after trial de novo shall be to the prevailing party designated as such by the appeals court. 15. GENERAL PROVISIONS. 15.1 TIME. Time is of the essence of City's and Foundation's obligations hereunder. 15.2 CAPTIONS. The section or paragraph captions contained in this Agreement are for convenience only and shall not limit, amplify or otherwise constitute a part of the provisions herein. 15.3 WAIVER. Failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision constitute a waiver of the provision unless the waiver is in writing and signed by the waiving party. The waiver by a party of a provision shall not constitute or be deemed to be a waiver of any other provision, nor shall it constitute or be deemed to be a waiver of any subsequent breach of the same or any other provision. 15.4 NOTICES. Any notice, request, demand, instruction or other communication or document to be given hereunder shall be given either: (a) by personal delivery (in which event, such notice shall be deemed received upon such delivery), or (b) by first class United States mail, postage prepaid, registered or certified, return receipt requested, addressed to the person as required by this Section 15.4 (in which event such notice shall be deemed received forty-eight (48) hours after deposit in any United States Post Office mailbox in the state to which the notice is addressed, or seventy-two (72) hours after deposit in any United States Post Office mailbox other than in the state to which the notice is addressed. The address for purposes of this Section 15.4 shall be the address set forth below the party's signature at the end of this Agreement. Such address may be changed by giving written notice of such change in the manner herein provided for giving notice. 15.5 ENTIRE AGREEMENT. This document contains the complete agreement between the parties relating to the Property, and all prior and contemporaneous negotiations are merged herein and superseded hereby. No agreements, representations or warranties, express or implied, that are not set forth in writing in this Agreement are made by Foundation to or with city. 15.6 MEMORANDUM. Foundation and City shall execute a memorandum of this Agreement for recording in the Lane County land records, substantially in the form attached hereto as exhibit D. The following statement is made pursuant to ORS 93.040: THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES MAY NOT AUTHORIZE CONSTRUCTION OR PAGE 7 - PURCHASE AND SALE AGREEMENT - 100 ACRES IN LAUREL HILL VALLEY