9A, City - County Joint Powers Agreement for TCAAP

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(b) This Lease has been duly executed and delivered by the County and constitutes the legal,valid and binding obligation of the County enforceable in accordance with its terms. (c) The execution and delivery of this Lease by the County does not, and the consummation of the transactions contemplated by this Lease and the compliance with its terms, conditions and provisions by the County will not conflict with or result in a breach of or constitute a default (or an event which might, with the passage of time or the giving of notice or both, constitute a default) under any of the terms, conditions or provisions of any agreement or instrument to which the County is a party or by which the County may be bound or affected, or any judgment or order of any court or governmental department, commission, board, agency or instrumentality, domestic or foreign, or any applicable law rule or regulation. 14.Miscellaneous Provisions. (a) No Third Party Beneficiaries. Nothing in this Lease, expressed or implied, is intended to confer upon any person, other than the Army, the County, and the Government; any benefits, rights or remedies under or by reason of this Lease. (b) Entire Agreement. Except for the OTP and the Memorandum of Agreement referenced in Section 2.A. of the OTP,this Lease and the Exhibits hereto,each of which is hereby incorporated herein and made a part hereof, set forth all of the agreements, promises, covenants, conditions and undertakings between the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, or conditions, express or implied, oral or written. (c) Amendment. No waiver or modification of any of the terms of this Lease shall be valid unless in writing and signed by each of the parties hereto. (d) Assignment. The County agrees that it will not assign, mortgage, pledge or otherwise encumber or transfer this lease or any interest therein,or sublease the whole or any part of the Leased Property, without obtaining on each occasion the written consent of the Government. (e) No Waiver or Release. No failure of the Government to exercise,or delay by the Government in exercising, any right or remedy or option provided for herein shall be deemed to be a waiver of any of the covenants or obligations of the County hereunder or the right of the Government to enforce the same. No forbearance on the part of the Government or any other indulgence given by the Government to the County shall operate to release or in any manner affect the obligations of the County hereunder. A waiver by any party of a default hereunder in one or more instances shall not be construed as constituting a continuing waiver or as a waiver of other instances of default 28 176632v1