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25-49 Resolution Authorizing the Purchase of Real Property Located at 749 Harrison Avenue
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25-49 Resolution Authorizing the Purchase of Real Property Located at 749 Harrison Avenue
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13. COMMISSIONS:ATTORNEY'S FEES <br /> The Parties acknowledge that neither Buyer nor Seller is represented by any broker in <br /> connection with the transaction contemplated in this Agreement. Buyer and Seller agree to <br /> indemnify and hold one another harmless from any claim for commissions in connection <br /> with the transaction contemplated in this Agreement. Each Party shall bear its own <br /> attorney's fees, if any, and costs arising in connection with this Agreement and all related <br /> matters. <br /> 14. INTERPRETATION: APPLICABLE LAW <br /> Both Parties having participated fully and equally in the negotiation and preparation of this <br /> Agreement, this Agreement shall not be more strictly construed, nor shall any ambiguities <br /> in this Agreement be presumptively resolved, against either Party. This Agreement shall <br /> be interpreted and enforced according to the laws of the State of Indiana. <br /> 16. INDEMNITY <br /> The Parties agree to reimburse each other for any and all liabilities, claims, penalties, <br /> forfeitures, suits, and the costs and expenses incident thereto(including costs of defense and <br /> settlement), which either party may subsequently incur, become responsible for, or pay out <br /> as a result of a breach by the other party in default of this Agreement. In the event of legal <br /> action initiated by a third party as a result of a breach of this Agreement,the breaching party <br /> shall assume the defense of the non-breaching party,including all costs associated therewith. <br /> 17. WAIVER <br /> Neither the failure nor any delay on the part of a Party to exercise any right,remedy,power, <br /> or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or <br /> partial exercise of any right, remedy, power, or privilege preclude any other or further <br /> exercise of the same or of any right, remedy, power, or privilege with respect to any <br /> occurrence be construed as a waiver of any such right, remedy, power, or privilege with <br /> respect to any other occurrence. No waiver shall be effective unless it is in writing and is <br /> signed by the party asserted to have granted such waiver. <br /> 18. SEVERABILITY <br /> If any term or provision of this Agreement is held by a court of competent jurisdiction to be <br /> invalid,void, or unenforceable, the remaining terms and provisions of this Agreement shall <br /> continue in full force and effect unless amended or modified by mutual consent of the <br /> Parties. <br /> 6 <br />
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