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10 <br />and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of <br />the Parties herein. <br />9.12 Assignment. The Developer’s rights under this Agreement shall be personal to the <br />Developer and shall not run with the land. The Developer may not assign its rights or obligations <br />under this Agreement to any third party without obtaining the Commission’s prior written consent <br />to such assignment, which the Commission may give or withhold in its sole discretion. In the <br />event the Developer seeks the Commission’s consent to any such assignment, the Developer shall <br />provide to the Commission all relevant information concerning the identities of the persons or <br />entities proposed to be involved in and an explanation of the purposes for the proposed <br />assignment(s). <br />9.13 Further Assurances. The Parties agree that they will each undertake in good faith, <br />as permitted by law, any action and execute and deliver any document reasonably required to carry <br />out the intents and purposes of this Agreement. <br />9.14 Exhibits. All exhibits described herein and attached hereto are incorporated into <br />this Agreement by reference. <br />9.15 Entire Agreement. No representation, promise, or inducement not included in this <br />Agreement will be binding upon the Parties hereto. This Agreement cannot be modified except <br />by mutual agreement of the Parties set forth in a written instrument signed by the Parties’ <br />authorized representatives. <br />9.16 Time. Time is of the essence of this Agreement. <br /> <br />Signature Page Follows <br /> <br /> <br />