6B (1) - Laserfiche WebLink

Home Browse Search

party shall not preclude or waive its rights to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. Section 24.11 TIME OF THE ESSENCE. Time is of the essence for this Stadium Agreement. Section 24.12 COUNTERPARTS. This Stadium Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. Section 24.13 HEADINGS ONLY FOR REFERENCE. The titles of articles and sections of this Stadium Agreement are for reference purposes only and shall be of no binding effect. Section 24.14 VALID INDIANA ENTITY. The Team represents that as of the date of the execution of this Stadium Agreement it is organized and in good standing under the laws of the State of Indiana, that it is duly authorized to enter into this Stadium Agreement and has taken all requisite action to obtain such authorization and that no consent of or notice to any other individual, private or public entity or governmental authority is required in connection with the execution, delivery and performance of the Stadium Agreement. Section 24.15 PUBLIC ADDRESS ANNOUNCEMENTS REGARDING PARK BOARD AND CITY EVENTS. The Team agrees to make appropriate public address announcements and announcements on the Scoreboard Message Center in regards to future Park Board Events and City of South Bend events held in the Stadium and /or other Park Board or City facilities not scheduled for the same time as any Team Events or Team Special Events. Section 24.16 PROHIBITION AGAINST FOOD AND BEVERAGE BEING BROUGHT INTO THE STADIUM. The Park Board shall post signs in appropriate locations in the Stadium which shall prohibit patrons from bringing any food, beverages, beverage containers or alcoholic beverages into the Stadium. Section 24.17 STATUS OF PARTIES. Parties hereto shall be deemed and construed as independent contractors with respect to one another for all purposes and nothing contained in this Stadium Agreement shall be determined to create a partnership or joint venture between the Team, the Park Board or the City of South Bend with respect to the Team's activities conducted at the Stadium pursuant to the terms of this Stadium Agreement. Section 24.18 WAIVER. The waiver by either the Team or the Park Board of any default or breach by the other party of any of the provisions of this Stadium Agreement shall not be deemed a continuing waiver or waiver of any other breach by the other party of the same or another provision of this Stadium Agreement.