Non-Exclusive License Agreement - Triangle Homeowners Assoc - Use of City of SB Burns Triangle Right of Way

Home Browse Search

MISCELLANEOUS. The following general terms are made a part of this License: A. This License shall bind, and inure to the benefit of, the Parties and their heirs, personal and legal representatives, and successors and assigns. B. This License shall be interpreted by the laws of the State, of Indiana and any venue for any action related to this License shall be in the St. Joseph County, Indiana Courts. C. The Parties agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. The Parties shall be responsible for their own mediation and legal fees. D, Any Parties' failure to enforce any of its rights or remedies upon the other Parties' breach of any of the covenants, terms or conditions of this License shall not be deemed a waiver of those rights or remedies, nor shall its failure bar or abridge any of its rights or remedies upon any subsequent default. $ If any covenant, term or condition of this License is held invalid or unenforceable by a court, the remaining covenants, terms or conditions shall not be affected by such an occurrence. Each covenant, term and condition of this License shall be given effect and enforced against the breaching Party to the fullest extent permitted by law. F. This License constitutes the entire agreement between the Parties and may not be modified except in writing, signed by both Parties. Any prior understanding or representation of any kind preceding the date of this License shall not be binding on either Party except to the extent incorporated in this License. G. The undersigned persons executing and delivering this License on behalf of each Party represent and certify they are duly authorized with authority to execute this License; they have the full legal right, power and authority to enter into this License and to grant the rights and perform the obligations contained herein; to the extent any third party consent or approval is required to grant such rights or perform such obligations hereunder those third party consents or approvals will be obtained, but each Party may rely on this License as a valid and binding obligation, enforceable in accordance with its terms. H. This Agreement may be executed in counterparts, each of which when taken together shall constitute one and the same instrument.