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2016-01-26_PWETC_AgendaPacket
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2016-01-26_PWETC_AgendaPacket
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1/21/2016 3:00:49 PM
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Commission/Committee
Commission/Authority Name
Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
1/26/2016
Commission/Committee - Meeting Type
Regular
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17.6 Merger. This License, along with the Solar Services Agreement, constitutes the entire <br />agreement among the Parties hereto with respect to the subject matter hereof and supersedes all prior <br />agreements between the Parties with respect to the subject matter hereof. <br />17.7 Severability. The invalidity or unenforceability of any provision of this License shall in <br />no way affect the validity or enforceability of any other provision. <br />17.8 Survival of Provisions. Any obligation of the Parties relating to monies owed, <br />limitations on liability, indemnity and actions, and confidentiality, shall survive termination or expiration <br />of this License. <br />17.9 Third Partv Beneficiaries. Nothing in this License shall provide any benefit to any <br />third party (other than the Lender) or entitle any third party to any claim, cause of action, remedy or right <br />of any kind, it being the intent of the Parties that this License shall not be construed as a third party <br />beneficiary contract. <br />17.10 No Partnership. This License is not intended, and shall not be construed, to create any <br />association, joint venture, agency relationship or partnership between the Parties or to impose any such <br />obligation or liability upon either Party. Neither Party shall have any right, power or authority to enter <br />into any agreement or undertaking for, or act as or be an agent or representative of, or otherwise bind, the <br />other Party. <br />17.11 Interpretation. In this License: <br />A. The captions and Article headings used herein are for convenience and reference <br />only and shall not have any effect on the construction of this License; <br />B. All pronouns as used in this License shall be deemed to refer to the singular, <br />plural, masculine, feminine and neuter genders as the context requires or permits; <br />C. The terms "hereof," "herein," "hereto," "hereunder" and words of similar or like <br />import refer to this entire License and not any particular Article, Exhibit or other subdivision of this <br />License; <br />D. Unless otherwise provided, references to a particular "Article," or "Exhibit' are <br />references to that Article or Exhibit of this License; <br />E. The words "include," "includes" and "including" shall be deemed to be followed <br />by "without limitation" or "but not limited to"; and <br />F. All capitalized terms used but not defined in any Schedule shall have the meaning <br />set forth in this License. <br />17.12 Counterparts. This License may be executed in multiple counterparts, each of which <br />shall constitute an original, but all of which together shall constitute but one and the same agreement <br />Signatures transmitted electronically by .pdf or facsimile shall be binding for all purposes hereof. <br />17.13 Joint Preparation. This License has been negotiated by all Parties hereto with the <br />assistance and input of their respective attorneys, and therefore no ambiguity herein shall be construed for <br />or against any Party based upon the identity of the author of this License or any portion hereof. <br />NYLicrose Age v, 10 <br />
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