CCP 12-15-1997 - Laserfiche WebLink

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- 612 926 5743 R.IS DEC-12-1997 10:46 BRADLEY 2. DEIKE, R,A. . '. (H) Words of any gender used in this Agreement shall be held and construed to I include any other gender, and words in the singular number shall be held to include tho plural, .. and vice versa, unless the context requires otherwise. (I) The paragraph headings herein are for rcference pwposes only and are not 1 intended in any way to describe, interpret, define or limit the scope, e><tent or intent of this Asreement Or any part hereof. The failure by either party to enforce against the other any term or provision of this Agreement shall be deemed not to be a waiver of such party's right to enforce 1 against the other party the same or any other such term or provision. (1) Tbis Agreement may be executed in multiple originals or counterparts, each of I which will be an original and, when all of the parties to this Agreement have signed at least one (I) copy, such copies together will constitute a fully executed and binding Agreement. (K) If either party files any action or brings any proceeding against the other arising . out of this Agreement, or is made a party to any action or proceeding brought by a third party arising out ofthis Agreement, then as between Purchaser and Seller, the prevailing party (i.e., the I party whose position is substantially upheld) shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court. (L) If either party hereto shall be delayed or hindered in or prevented from the . performance of any act required hereunder by reason of strikes, lockouts, labor troubles, fires, Acts of God, natura! disasters, inability to procure material, failure of power, restrictive tit govemmental Jaws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doinft acts required under this Agreement, the period for the performance of any such work or act shall be extended for a period equivalent to I the period of such delay. (M) Each party represents and warrants to the other that neither it nor its agents or . representatives have engaged or dealt with any broker, agent or finder with respect to the transaction contemplated herein, and each party agrees to indemnify and hold harmless the other party from any and all claims, costs, liabilities and expenses (including court costs and . reasonable attorneys' fees) incurred by the other party as a result of the indemnifying party's breach of its representation and warrantY hereunder. 17, PURCHA~F.R'~ INDEMNIFICATION, 1 In the event thaI this Agrccment is terminated by either Purchaser or Seller prior to 1 Closing, and notwithstanding the fact that such termination shall release Purchaser from its obligation to buy the Property, nothing herein shall be deemed to release Purchaser from any liability arising out of Purchaser's activities (or those of its employees, agents, or contractors) on I the Land, including, but not limited to, its actions on the Land while exercising its rights pursuant to Section 10 hereto. This provision shall survive Closing of the transaction herein contemplated and the delivery of the Deed. Nor shall any termination of this Agreement relieve 1 14 .. I ------